Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 1798
       
       
       
       
       
       
                                Ì414724%Î414724                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/25/2022           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Criminal Justice (Book) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 775.0847, Florida Statutes, is amended
    6  to read:
    7         775.0847 Possession or promotion of certain child sexual
    8  abuse material images of child pornography; reclassification.—
    9         (1) For purposes of this section:
   10         (a) “Child” or “minor” means any person, whose identity is
   11  known or unknown, younger less than 18 years of age.
   12         (b) “Child sexual abuse material” “Child pornography”
   13  means:
   14         1. Any image depicting a minor engaged in sexual conduct;
   15  or
   16         2. Any image that has been created, altered, adapted, or
   17  modified by electronic, mechanical, or other means, to portray
   18  an identifiable minor engaged in sexual conduct.
   19         (c) “Identifiable minor” means a person:
   20         1. Who was a minor at the time the image was created,
   21  adapted, or modified, or whose image as a minor was used in the
   22  creating, adapting, or modifying of the image; and
   23         2. Who is recognizable as an actual person by the person’s
   24  face, likeness, or other distinguishing characteristic, such as
   25  a unique birthmark, or other recognizable feature.
   26  
   27  The term may not be construed to require proof of the actual
   28  identity of the identifiable minor.
   29         (d)(c) “Sadomasochistic abuse” means flagellation or
   30  torture by or upon a person or the condition of being fettered,
   31  bound, or otherwise physically restrained, for the purpose of
   32  deriving sexual satisfaction, or satisfaction brought about as a
   33  result of sadistic violence, from inflicting harm on another or
   34  receiving such harm oneself.
   35         (e)(d) “Sexual battery” means oral, anal, or vaginal
   36  penetration by, or union with, the sexual organ of another or
   37  the anal or vaginal penetration of another by any other object;
   38  however, sexual battery does not include an act done for a bona
   39  fide medical purpose.
   40         (f)(e) “Sexual bestiality” means any sexual act, actual or
   41  simulated, between a person and an animal involving the sex
   42  organ of the one and the mouth, anus, or vagina of the other.
   43         (g)(f) “Sexual conduct” means actual or simulated sexual
   44  intercourse, deviate sexual intercourse, sexual bestiality,
   45  masturbation, or sadomasochistic abuse; actual or simulated lewd
   46  exhibition of the genitals; actual physical contact with a
   47  person’s clothed or unclothed genitals, pubic area, buttocks,
   48  or, if such person is a female, breast with the intent to arouse
   49  or gratify the sexual desire of either party; or any act or
   50  conduct which constitutes sexual battery or simulates that
   51  sexual battery is being or will be committed. A mother’s
   52  breastfeeding of her baby does not under any circumstance
   53  constitute “sexual conduct.”
   54         (2) A violation of s. 827.071, s. 847.0135, s. 847.0137, or
   55  s. 847.0138 shall be reclassified to the next higher degree as
   56  provided in subsection (3) if:
   57         (a) The offender possesses 10 or more images of any form of
   58  child sexual abuse material child pornography regardless of
   59  content; and
   60         (b) The content of at least one image contains one or more
   61  of the following:
   62         1. A child who is younger than the age of 5.
   63         2. Sadomasochistic abuse involving a child.
   64         3. Sexual battery involving a child.
   65         4. Sexual bestiality involving a child.
   66         5. Any motion picture, film, video, or computer-generated
   67  motion picture, film, or video movie involving a child,
   68  regardless of length and regardless of whether the motion
   69  picture, film, video, or computer-generated motion picture,
   70  film, or video movie contains sound.
   71         (3)(a) In the case of a felony of the third degree, the
   72  offense is reclassified to a felony of the second degree.
   73         (b) In the case of a felony of the second degree, the
   74  offense is reclassified to a felony of the first degree.
   75  
   76  For purposes of sentencing under chapter 921 and determining
   77  incentive gain-time eligibility under chapter 944, a felony
   78  offense that is reclassified under this section is ranked one
   79  level above the ranking under s. 921.0022 or s. 921.0023 of the
   80  offense committed.
   81         Section 2. Paragraph (b) of subsection (5) of section
   82  784.049, Florida Statutes, is amended to read:
   83         784.049 Sexual cyberharassment.—
   84         (5) An aggrieved person may initiate a civil action against
   85  a person who violates this section to obtain all appropriate
   86  relief in order to prevent or remedy a violation of this
   87  section, including the following:
   88         (b) Monetary damages to include $10,000 $5,000 or actual
   89  damages incurred as a result of a violation of this section,
   90  whichever is greater.
   91         Section 3. Section 827.071, Florida Statutes, is amended to
   92  read:
   93         827.071 Sexual performance by a child; child sexual abuse
   94  material; penalties.—
   95         (1) As used in this section, the following definitions
   96  shall apply:
   97         (a) “Child” or “minor” means any person, whose identity is
   98  known or unknown, younger than 18 years of age.
   99         (b) “Child sexual abuse material” means:
  100         1. Any image depicting a minor engaged in sexual conduct;
  101  or
  102         2.Any image that has been created, altered, adapted, or
  103  modified by electronic, mechanical, or other means, to portray
  104  an identifiable minor engaged in sexual conduct.
  105         (c)(a) “Deviate sexual intercourse” means sexual conduct
  106  between persons not married to each other consisting of contact
  107  between the penis and the anus, the mouth and the penis, or the
  108  mouth and the vulva.
  109         (d) Identifiable minor” means a person:
  110         1. Who was a minor at the time the image was created,
  111  adapted, or modified, or whose image as a minor was used in the
  112  creating, adapting, or modifying of the image; and
  113         2. Who is recognizable as an actual person by the person’s
  114  face, likeness, or other distinguishing characteristic, such as
  115  a unique birthmark, or other recognizable feature.
  116  
  117  The term may not be construed to require proof of the actual
  118  identity of the identifiable minor.
  119         (e)(b) “Intentionally view” means to deliberately,
  120  purposefully, and voluntarily view. Proof of intentional viewing
  121  requires establishing more than a single image, motion picture,
  122  exhibition, show, image, data, computer depiction,
  123  representation, or other presentation over any period of time.
  124         (f)(c) “Performance” means any play, motion picture,
  125  photograph, or dance or any other visual representation
  126  exhibited before an audience.
  127         (g)(d) “Promote” means to procure, manufacture, issue,
  128  sell, give, provide, lend, mail, deliver, transfer, transmit,
  129  transmute, publish, distribute, circulate, disseminate, present,
  130  exhibit, send, post, share, or advertise or to offer or agree to
  131  do the same.
  132         (h)(e) “Sadomasochistic abuse” means flagellation or
  133  torture by or upon a person, or the condition of being fettered,
  134  bound, or otherwise physically restrained, for the purpose of
  135  deriving sexual satisfaction from inflicting harm on another or
  136  receiving such harm oneself.
  137         (i)(f) “Sexual battery” means oral, anal, or vaginal
  138  penetration by, or union with, the sexual organ of another or
  139  the anal or vaginal penetration of another by any other object;
  140  however, “sexual battery” does not include an act done for a
  141  bona fide medical purpose.
  142         (j)(g) “Sexual bestiality” means any sexual act between a
  143  person and an animal involving the sex organ of the one and the
  144  mouth, anus, or vagina of the other.
  145         (k)(h) “Sexual conduct” means actual or simulated sexual
  146  intercourse, deviate sexual intercourse, sexual bestiality,
  147  masturbation, or sadomasochistic abuse; actual or simulated lewd
  148  exhibition of the genitals; actual physical contact with a
  149  person’s clothed or unclothed genitals, pubic area, buttocks,
  150  or, if such person is a female, breast, with the intent to
  151  arouse or gratify the sexual desire of either party; or any act
  152  or conduct which constitutes sexual battery or simulates that
  153  sexual battery is being or will be committed. A mother’s
  154  breastfeeding of her baby does not under any circumstance
  155  constitute “sexual conduct.”
  156         (l)(i) “Sexual performance” means any performance or part
  157  thereof which includes sexual conduct by a child of less than 18
  158  years of age.
  159         (m)(j) “Simulated” means the explicit depiction of conduct
  160  set forth in paragraph (k) (h) which creates the appearance of
  161  such conduct and which exhibits any uncovered portion of the
  162  breasts, genitals, or buttocks.
  163         (2) A person is guilty of the use of a child in a sexual
  164  performance if, knowing the character and content thereof, he or
  165  she employs, authorizes, or induces a child less than 18 years
  166  of age to engage in a sexual performance or, being a parent,
  167  legal guardian, or custodian of such child, consents to the
  168  participation by such child in a sexual performance. A person
  169  who Whoever violates this subsection commits is guilty of a
  170  felony of the second degree, punishable as provided in s.
  171  775.082, s. 775.083, or s. 775.084.
  172         (3) A person is guilty of promoting a sexual performance by
  173  a child when, knowing the character and content thereof, he or
  174  she produces, directs, or promotes any performance which
  175  includes sexual conduct by a child less than 18 years of age. A
  176  person who Whoever violates this subsection commits is guilty of
  177  a felony of the second degree, punishable as provided in s.
  178  775.082, s. 775.083, or s. 775.084.
  179         (4) It is unlawful for any person to possess with the
  180  intent to promote any photograph, motion picture, exhibition,
  181  show, representation, or other presentation which, in whole or
  182  in part, includes child sexual abuse material any sexual conduct
  183  by a child. The possession of three or more copies of such
  184  photograph, motion picture, representation, or presentation is
  185  prima facie evidence of an intent to promote. A person who
  186  Whoever violates this subsection commits is guilty of a felony
  187  of the second degree, punishable as provided in s. 775.082, s.
  188  775.083, or s. 775.084.
  189         (5)(a) It is unlawful for any person to knowingly possess,
  190  control, or intentionally view a photograph, motion picture,
  191  exhibition, show, representation, image, data, computer
  192  depiction, or other presentation which, in whole or in part, he
  193  or she knows to include child sexual abuse material any sexual
  194  conduct by a child. The possession, control, or intentional
  195  viewing of each such photograph, motion picture, exhibition,
  196  show, image, data, computer depiction, representation, or
  197  presentation is a separate offense. If such photograph, motion
  198  picture, exhibition, show, representation, image, data, computer
  199  depiction, or other presentation includes child sexual abuse
  200  material depicting sexual conduct by more than one child, then
  201  each such child in each such photograph, motion picture,
  202  exhibition, show, representation, image, data, computer
  203  depiction, or other presentation that is knowingly possessed,
  204  controlled, or intentionally viewed is a separate offense. A
  205  person who violates this paragraph subsection commits a felony
  206  of the third degree, punishable as provided in s. 775.082, s.
  207  775.083, or s. 775.084.
  208         (b) Paragraph (a) This subsection does not apply to any
  209  material possessed, controlled, or intentionally viewed as part
  210  of a law enforcement investigation.
  211         (6) Prosecution of a any person for an offense under this
  212  section does shall not prohibit prosecution of that person in
  213  this state for a violation of any other law of this state,
  214  including a law providing for greater penalties than prescribed
  215  in this section or any other crime punishing the sexual
  216  performance or the sexual exploitation of children.
  217         Section 4. Section 836.13, Florida Statutes, is created to
  218  read:
  219         836.13 Promotion of an altered sexual depiction; prohibited
  220  acts; penalties; applicability.—
  221         (1)As used in this section, the term:
  222         (a) “Altered sexual depiction” means any visual depiction
  223  that, as a result of any type of digital, electronic,
  224  mechanical, or other modification, alteration, or adaptation,
  225  depicts a realistic version of an identifiable person:
  226         1. With the nude body parts of another person as the nude
  227  body parts of the identifiable person;
  228         2. With computer-generated nude body parts as the nude body
  229  parts of the identifiable person; or
  230         3. Engaging in sexual conduct as defined in s. 847.001 in
  231  which the identifiable person did not engage.
  232         (b) “Identifiable person” means a person who is
  233  recognizable as an actual person by the person’s face, likeness,
  234  or other distinguishing characteristic, such as a unique
  235  birthmark, or other recognizable feature.
  236         (c) “Nude body parts” means the human male or female
  237  genitals, pubic area, or buttocks with less than fully opaque
  238  covering; or the female breast with less than a fully opaque
  239  covering of any portion thereof below the top of the nipple; or
  240  the depiction of covered male genitals in a discernibly turgid
  241  state. The term does not under any circumstances include a
  242  mother breastfeeding her baby.
  243         (d) “Promote” means to procure, manufacture, issue, sell,
  244  give, provide, lend, mail, deliver, transfer, transmit,
  245  transmute, publish, distribute, circulate, disseminate, present,
  246  exhibit, send, post, share, or advertise or to offer or agree to
  247  do the same.
  248         (e) “Visual depiction” includes, but is not limited to, a
  249  photograph, picture, image, motion picture, film, video, or
  250  representation, regardless of whether such photograph, picture,
  251  image, motion picture, film, video, or representation was made,
  252  modified, altered, adapted, or produced by digital, electronic,
  253  mechanical, or other means.
  254         (2)(a) A person who willfully and maliciously creates and
  255  promotes any altered sexual depiction of an identifiable person,
  256  without the consent of the identifiable person, commits a felony
  257  of the third degree, punishable as provided in s. 775.082, s.
  258  775.083, or s. 775.084.
  259         (b) A person who willfully and maliciously promotes any
  260  altered sexual depiction of an identifiable person, without the
  261  consent of the identifiable person, and who knows or reasonably
  262  should have known that such visual depiction was an altered
  263  sexual depiction, commits a felony of the third degree,
  264  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  265         (3) Every act, thing, or transaction prohibited by this
  266  section constitutes a separate offense and is punishable as
  267  such.
  268         (4) The presence of a disclaimer within an altered sexual
  269  depiction which notifies a viewer that the person or persons
  270  depicted did not consent to or participate in the creation or
  271  promotion of the material, or that the person or persons
  272  depicted did not actually perform the actions portrayed, is not
  273  a defense and does not relieve a person of criminal liability
  274  under this section.
  275         (5)An aggrieved person may initiate a civil action against
  276  a person who violates subsection (2) to obtain appropriate
  277  relief in order to prevent or remedy a violation of subsection
  278  (2), including all of the following:
  279         (a) Injunctive relief.
  280         (b) Monetary damages up to and including $10,000 or actual
  281  damages incurred as a result of a violation of subsection (2),
  282  whichever is greater.
  283         (c) Reasonable attorney fees and costs.
  284         (6) The criminal and civil penalties of this section do not
  285  apply to:
  286         (a) A provider of an interactive computer service as
  287  defined in 47 U.S.C. s. 230(f), of an information service as
  288  defined in 47 U.S.C. s. 153, or of a communications service as
  289  defined in s. 202.11 which provides the transmission, storage,
  290  or caching of electronic communications or messages of others;
  291  another related telecommunications or commercial mobile radio
  292  service; or content provided by another person;
  293         (b) A law enforcement officer, as defined in s. 943.10, or
  294  any local, state, federal, or military law enforcement agency
  295  that promotes an altered sexual depiction in connection with the
  296  performance of his or her duties as a law enforcement officer or
  297  the duties of the law enforcement agency;
  298         (c) A person reporting unlawful activity; or
  299         (d) A person participating in a hearing, trial, or other
  300  legal proceeding.
  301         (7) A violation of this section is committed within this
  302  state if any conduct that is an element of the offense, or any
  303  harm to the depicted person resulting from the offense, occurs
  304  within this state.
  305         Section 5. Section 836.14, Florida Statutes, is created to
  306  read:
  307         836.14 Unlawfully obtaining, possessing, or promoting a
  308  sexually explicit image.—
  309         (1) As used in this section, the term:
  310         (a) “Identifiable person” has the same meaning as in s.
  311  836.13.
  312         (b) “Promote” has the same meaning as in s. 836.13.
  313         (c) “Sexually explicit image” means any image depicting
  314  nudity as defined in s. 847.001 or a person engaging in sexual
  315  conduct as defined in s. 847.001.
  316         (2) A person who knowingly and unlawfully obtains a
  317  sexually explicit image of an identifiable person with the
  318  intent to promote such image commits a felony of the third
  319  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  320  775.084.
  321         (3)A person who willfully possesses with the intent to
  322  promote for the purpose of pecuniary or any other type of
  323  financial gain a sexually explicit image of an identifiable
  324  person without that person’s consent commits a felony of the
  325  third degree, punishable as provided in s. 775.082, s. 775.083,
  326  or s. 775.084.
  327         (4) A person who willfully promotes for the purpose of
  328  pecuniary or any other financial gain a sexually explicit image
  329  of an identifiable person without that person’s consent commits
  330  a felony of the second degree, punishable as provided in s.
  331  775.082, s. 775.083, or s. 775.084.
  332         (5) Every act, thing, or transaction prohibited by this
  333  section constitutes a separate offense and is punishable as
  334  such.
  335         (6) An aggrieved person may initiate a civil action against
  336  a person who violates this section to obtain all appropriate
  337  relief in order to prevent or remedy a violation of this
  338  section, including the following:
  339         (a) Injunctive relief.
  340         (b) Monetary damages to include $10,000 or actual damages
  341  incurred as a result of a violation of this section, whichever
  342  is greater.
  343         (c) Reasonable attorney fees and costs.
  344         (7) The criminal and civil penalties of this section do not
  345  apply to:
  346         (a) A provider of an interactive computer service as
  347  defined in 47 U.S.C. s. 230(f), of an information service as
  348  defined in 47 U.S.C. s. 153, or of a communications service as
  349  defined in s. 202.11 which provides the transmission, storage,
  350  or caching of electronic communications or messages of others;
  351  another related telecommunications or commercial mobile radio
  352  service; or content provided by another person;
  353         (b) A law enforcement officer, as defined in s. 943.10, or
  354  any local, state, federal, or military law enforcement agency
  355  that disseminates a sexually explicit image in connection with
  356  the performance of his or her duties as a law enforcement
  357  officer or the duties of the law enforcement agency;
  358         (c) A person reporting unlawful activity;
  359         (d) A person participating in a hearing, trial, or other
  360  legal proceeding; or
  361         (e) Sexually explicit images involving voluntary exposure
  362  in a public or commercial setting.
  363         (8) A violation of this section is committed within this
  364  state if any conduct that is an element of the offense, or any
  365  harm to the depicted individual resulting from the offense,
  366  occurs within this state.
  367         Section 6. Present subsections (7) through (11) and (12)
  368  through (20) of section 847.001, Florida Statutes, are
  369  redesignated as subsections (8) through (12) and (14) through
  370  (22), respectively, new subsections (7) and (13) are added to
  371  that section, and subsection (3) and present subsections (8),
  372  (16), and (19) of that section are amended, to read:
  373         847.001 Definitions.—As used in this chapter, the term:
  374         (3) “Child sexual abuse material” “Child pornography”
  375  means:
  376         (a) Any image depicting a minor engaged in sexual conduct;
  377  or
  378         (b)Any image that has been created, altered, adapted, or
  379  modified by electronic, mechanical, or other means, to portray
  380  an identifiable minor engaged in sexual conduct.
  381         (7) Identifiable minor” means a person:
  382         (a) Who was a minor at the time the image was created,
  383  adapted, or modified, or whose image as a minor was used in the
  384  creating, adapting, or modifying of the image; and
  385         (b) Who is recognizable as an actual person by the person’s
  386  face, likeness, or other distinguishing characteristic, such as
  387  a unique birthmark, or other recognizable feature.
  388  
  389  The term may not be construed to require proof of the actual
  390  identity of the identifiable minor.
  391         (9)(8) “Minor” or “child means any person, whose identity
  392  is known or unknown, younger than under the age of 18 years of
  393  age.
  394         (13) “Promote” means to procure, manufacture, issue, sell,
  395  give, provide, lend, mail, deliver, transfer, transmit,
  396  transmute, publish, distribute, circulate, disseminate, present,
  397  exhibit, send, post, share, or advertise or to offer or agree to
  398  do the same.
  399         (18)(16) “Sexual conduct” means actual or simulated sexual
  400  intercourse, deviate sexual intercourse, sexual bestiality,
  401  masturbation, or sadomasochistic abuse; actual or simulated lewd
  402  exhibition of the genitals; actual physical contact with a
  403  person’s clothed or unclothed genitals, pubic area, buttocks,
  404  or, if such person is a female, breast with the intent to arouse
  405  or gratify the sexual desire of either party; or any act or
  406  conduct which constitutes sexual battery or simulates that
  407  sexual battery is being or will be committed. A mother’s
  408  breastfeeding of her baby does not under any circumstance
  409  constitute “sexual conduct.”
  410         (21)(19) “Simulated” means the explicit depiction of
  411  conduct described in subsection (18) (16) which creates the
  412  appearance of such conduct and which exhibits any uncovered
  413  portion of the breasts, genitals, or buttocks.
  414         Section 7. Subsection (5) of section 847.011, Florida
  415  Statutes, is amended to read:
  416         847.011 Prohibition of certain acts in connection with
  417  obscene, lewd, etc., materials; penalty.—
  418         (5)(a)1. A person may not knowingly sell, lend, give away,
  419  distribute, transmit, show, or transmute; offer to sell, lend,
  420  give away, distribute, transmit, show, or transmute; have in his
  421  or her possession, custody, or control with the intent to sell,
  422  lend, give away, distribute, transmit, show, or transmute; or
  423  advertise in any manner an obscene, child-like sex doll.
  424         2.a. Except as provided in sub-subparagraph b., a person
  425  who violates this paragraph commits a felony of the third
  426  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  427  775.084.
  428         b. A person who is convicted of violating this paragraph a
  429  second or subsequent time commits a felony of the second degree,
  430  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  431         (b)1. Except as provided in subparagraph 2., a person who
  432  knowingly has in his or her possession, custody, or control an
  433  obscene, child-like sex doll commits a misdemeanor of the first
  434  degree, punishable as provided in s. 775.082 or s. 775.083.
  435         2. A person who is convicted of violating this paragraph a
  436  second or subsequent time commits a felony of the third degree,
  437  punishable as provided in s. 775.082 or s. 775.083.
  438         (c)1. A law enforcement officer may arrest without a
  439  warrant any person who he or she has probable cause to believe
  440  has violated paragraph (b).
  441         2. Upon proper affidavits being made, a search warrant may
  442  be issued to further investigate a violation of paragraph (b),
  443  including to search a private dwelling.
  444         Section 8. Subsections (1) through (4) of section 847.0137,
  445  Florida Statutes, are amended to read:
  446         847.0137 Transmission of pornography by electronic device
  447  or equipment prohibited; penalties.—
  448         (1) As used in this section, the term For purposes of this
  449  section:
  450         (a) “Minor” means any person less than 18 years of age.
  451         (b) “transmit” means the act of sending and causing to be
  452  delivered, including the act of providing access for receiving
  453  and causing to be delivered, any image, information, or data
  454  from one or more persons or places to one or more other persons
  455  or places over or through any medium, including the Internet or
  456  an interconnected network, by use of any electronic equipment or
  457  other device.
  458         (2) Notwithstanding ss. 847.012 and 847.0133, any person in
  459  this state who knew or reasonably should have known that he or
  460  she was transmitting child sexual abuse material child
  461  pornography, as defined in s. 847.001, to another person in this
  462  state or in another jurisdiction commits a felony of the third
  463  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  464  775.084.
  465         (3) Notwithstanding ss. 847.012 and 847.0133, any person in
  466  any jurisdiction other than this state who knew or reasonably
  467  should have known that he or she was transmitting child sexual
  468  abuse material child pornography, as defined in s. 847.001, to
  469  any person in this state commits a felony of the third degree,
  470  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  471         (4) This section shall not be construed to prohibit
  472  prosecution of a person in this state or another jurisdiction
  473  for a violation of any law of this state, including a law
  474  providing for greater penalties than prescribed in this section,
  475  for the transmission of child sexual abuse material child
  476  pornography, as defined in s. 847.001, to any person in this
  477  state.
  478  
  479  The provisions of this section do not apply to subscription
  480  based transmissions such as list servers.
  481         Section 9. Paragraphs (c), (d), and (e) of subsection (3)
  482  of section 921.0022, Florida Statutes, are amended to read:
  483         921.0022 Criminal Punishment Code; offense severity ranking
  484  chart.—
  485         (3) OFFENSE SEVERITY RANKING CHART
  486         (c) LEVEL 3
  487  
  488  FloridaStatute             FelonyDegree         Description         
  489  119.10(2)(b)                   3rd    Unlawful use of confidential information from police reports.
  490  316.066 (3)(b)-(d)             3rd    Unlawfully obtaining or using confidential crash reports.
  491  316.193(2)(b)                  3rd    Felony DUI, 3rd conviction.  
  492  316.1935(2)                    3rd    Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  493  319.30(4)                      3rd    Possession by junkyard of motor vehicle with identification number plate removed.
  494  319.33(1)(a)                   3rd    Alter or forge any certificate of title to a motor vehicle or mobile home.
  495  319.33(1)(c)                   3rd    Procure or pass title on stolen vehicle.
  496  319.33(4)                      3rd    With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  497  327.35(2)(b)                   3rd    Felony BUI.                  
  498  328.05(2)                      3rd    Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  499  328.07(4)                      3rd    Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  500  376.302(5)                     3rd    Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  501  379.2431 (1)(e)5.              3rd    Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
  502  379.2431 (1)(e)6.              3rd    Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
  503  379.2431 (1)(e)7.              3rd    Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  504  400.9935(4)(a) or (b)          3rd    Operating a clinic, or offering services requiring licensure, without a license.
  505  400.9935(4)(e)                 3rd    Filing a false license application or other required information or failing to report information.
  506  440.1051(3)                    3rd    False report of workers’ compensation fraud or retaliation for making such a report.
  507  501.001(2)(b)                  2nd    Tampers with a consumer product or the container using materially false/misleading information.
  508  624.401(4)(a)                  3rd    Transacting insurance without a certificate of authority.
  509  624.401(4)(b)1.                3rd    Transacting insurance without a certificate of authority; premium collected less than $20,000.
  510  626.902(1)(a) & (b)            3rd    Representing an unauthorized insurer.
  511  697.08                         3rd    Equity skimming.             
  512  790.15(3)                      3rd    Person directs another to discharge firearm from a vehicle.
  513  806.10(1)                      3rd    Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  514  806.10(2)                      3rd    Interferes with or assaults firefighter in performance of duty.
  515  810.09(2)(c)                   3rd    Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  516  812.014(2)(c)2.                3rd    Grand theft; $5,000 or more but less than $10,000.
  517  812.0145(2)(c)                 3rd    Theft from person 65 years of age or older; $300 or more but less than $10,000.
  518  812.015(8)(b)                  3rd    Retail theft with intent to sell; conspires with others.
  519  812.081(2)                     3rd    Theft of a trade secret.     
  520  815.04(5)(b)                   2nd    Computer offense devised to defraud or obtain property.
  521  817.034(4)(a)3.                3rd    Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  522  817.233                        3rd    Burning to defraud insurer.  
  523  817.234 (8)(b) & (c)           3rd    Unlawful solicitation of persons involved in motor vehicle accidents.
  524  817.234(11)(a)                 3rd    Insurance fraud; property value less than $20,000.
  525  817.236                        3rd    Filing a false motor vehicle insurance application.
  526  817.2361                       3rd    Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  527  817.413(2)                     3rd    Sale of used goods of $1,000 or more as new.
  528  817.49(2)(b)1.                 3rd    Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
  529  831.28(2)(a)                   3rd    Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
  530  831.29                         2nd    Possession of instruments for counterfeiting driver licenses or identification cards.
  531  836.13(2)(b)                   3rd    Person who promotes an altered sexually explicit depiction of an identifiable person without consent.
  532  838.021(3)(b)                  3rd    Threatens unlawful harm to public servant.
  533  843.19                         2nd    Injure, disable, or kill police, fire, or SAR canine or police horse.
  534  860.15(3)                      3rd    Overcharging for repairs and parts.
  535  870.01(2)                      3rd    Riot.                        
  536  870.01(4)                      3rd    Inciting a riot.             
  537  893.13(1)(a)2.                 3rd    Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
  538  893.13(1)(d)2.                 2nd    Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
  539  893.13(1)(f)2.                 2nd    Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
  540  893.13(4)(c)                   3rd    Use or hire of minor; deliver to minor other controlled substances.
  541  893.13(6)(a)                   3rd    Possession of any controlled substance other than felony possession of cannabis.
  542  893.13(7)(a)8.                 3rd    Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  543  893.13(7)(a)9.                 3rd    Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  544  893.13(7)(a)10.                3rd    Affix false or forged label to package of controlled substance.
  545  893.13(7)(a)11.                3rd    Furnish false or fraudulent material information on any document or record required by chapter 893.
  546  893.13(8)(a)1.                 3rd    Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
  547  893.13(8)(a)2.                 3rd    Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
  548  893.13(8)(a)3.                 3rd    Knowingly write a prescription for a controlled substance for a fictitious person.
  549  893.13(8)(a)4.                 3rd    Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
  550  918.13(1)(a)                   3rd    Alter, destroy, or conceal investigation evidence.
  551  944.47 (1)(a)1. & 2.           3rd    Introduce contraband to correctional facility.
  552  944.47(1)(c)                   2nd    Possess contraband while upon the grounds of a correctional institution.
  553  985.721                        3rd    Escapes from a juvenile facility (secure detention or residential commitment facility).
  554  
  555         (d) LEVEL 4
  556  
  557  FloridaStatute               FelonyDegree       Description        
  558  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.
  559  499.0051(1)                      3rd     Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  560  499.0051(5)                      2nd     Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  561  517.07(1)                        3rd     Failure to register securities.
  562  517.12(1)                        3rd     Failure of dealer, associated person, or issuer of securities to register.
  563  784.07(2)(b)                     3rd     Battery of law enforcement officer, firefighter, etc.
  564  784.074(1)(c)                    3rd     Battery of sexually violent predators facility staff.
  565  784.075                          3rd     Battery on detention or commitment facility staff.
  566  784.078                          3rd     Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  567  784.08(2)(c)                     3rd     Battery on a person 65 years of age or older.
  568  784.081(3)                       3rd     Battery on specified official or employee.
  569  784.082(3)                       3rd     Battery by detained person on visitor or other detainee.
  570  784.083(3)                       3rd     Battery on code inspector.
  571  784.085                          3rd     Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  572  787.03(1)                        3rd     Interference with custody; wrongly takes minor from appointed guardian.
  573  787.04(2)                        3rd     Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  574  787.04(3)                        3rd     Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  575  787.07                           3rd     Human smuggling.          
  576  790.115(1)                       3rd     Exhibiting firearm or weapon within 1,000 feet of a school.
  577  790.115(2)(b)                    3rd     Possessing electric weapon or device, destructive device, or other weapon on school property.
  578  790.115(2)(c)                    3rd     Possessing firearm on school property.
  579  800.04(7)(c)                     3rd     Lewd or lascivious exhibition; offender less than 18 years.
  580  806.135                          2nd     Destroying or demolishing a memorial or historic property.
  581  810.02(4)(a)                     3rd     Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  582  810.02(4)(b)                     3rd     Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  583  810.06                           3rd     Burglary; possession of tools.
  584  810.08(2)(c)                     3rd     Trespass on property, armed with firearm or dangerous weapon.
  585  812.014(2)(c)3.                  3rd     Grand theft, 3rd degree $10,000 or more but less than $20,000.
  586  812.014 (2)(c)4.-10.             3rd     Grand theft, 3rd degree; specified items.
  587  812.0195(2)                      3rd     Dealing in stolen property by use of the Internet; property stolen $300 or more.
  588  817.505(4)(a)                    3rd     Patient brokering.        
  589  817.563(1)                       3rd     Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  590  817.568(2)(a)                    3rd     Fraudulent use of personal identification information.
  591  817.625(2)(a)                    3rd     Fraudulent use of scanning device, skimming device, or reencoder.
  592  817.625(2)(c)                    3rd     Possess, sell, or deliver skimming device.
  593  828.125(1)                       2nd     Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  594  836.13(2)(a)                     3rd     Person who creates and promotes an altered sexual depiction of an identifiable person without consent.
  595  836.14(2)                        3rd     Person who obtains a sexually explicit image of an identifiable person with certain intent.
  596  836.14(3)                        3rd     Person who possesses with intent to promote for a certain purpose a sexually explicit image of an identifiable person without consent.
  597  837.02(1)                        3rd     Perjury in official proceedings.
  598  837.021(1)                       3rd     Make contradictory statements in official proceedings.
  599  838.022                          3rd     Official misconduct.      
  600  839.13(2)(a)                     3rd     Falsifying records of an individual in the care and custody of a state agency.
  601  839.13(2)(c)                     3rd     Falsifying records of the Department of Children and Families.
  602  843.021                          3rd     Possession of a concealed handcuff key by a person in custody.
  603  843.025                          3rd     Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  604  843.15(1)(a)                     3rd     Failure to appear while on bail for felony (bond estreature or bond jumping).
  605  847.0135(5)(c)                   3rd     Lewd or lascivious exhibition using computer; offender less than 18 years.
  606  870.01(3)                        2nd     Aggravated rioting.       
  607  870.01(5)                        2nd     Aggravated inciting a riot.
  608  874.05(1)(a)                     3rd     Encouraging or recruiting another to join a criminal gang.
  609  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).
  610  914.14(2)                        3rd     Witnesses accepting bribes.
  611  914.22(1)                        3rd     Force, threaten, etc., witness, victim, or informant.
  612  914.23(2)                        3rd     Retaliation against a witness, victim, or informant, no bodily injury.
  613  916.1085 (2)(c)1.                3rd     Introduction of specified contraband into certain DCF facilities.
  614  918.12                           3rd     Tampering with jurors.    
  615  934.215                          3rd     Use of two-way communications device to facilitate commission of a crime.
  616  944.47(1)(a)6.                   3rd     Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
  617  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.
  618  
  619         (e) LEVEL 5
  620  
  621  FloridaStatute             FelonyDegree        Description        
  622  316.027(2)(a)                  3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  623  316.1935(4)(a)                 2nd     Aggravated fleeing or eluding.
  624  316.80(2)                      2nd     Unlawful conveyance of fuel; obtaining fuel fraudulently.
  625  322.34(6)                      3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  626  327.30(5)                      3rd     Vessel accidents involving personal injury; leaving scene.
  627  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.
  628  379.367(4)                     3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  629  379.407(5)(b)3.                3rd     Possession of 100 or more undersized spiny lobsters.
  630  381.0041(11)(b)                3rd     Donate blood, plasma, or organs knowing HIV positive.
  631  440.10(1)(g)                   2nd     Failure to obtain workers’ compensation coverage.
  632  440.105(5)                     2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
  633  440.381(2)                     3rd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  634  624.401(4)(b)2.                2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  635  626.902(1)(c)                  2nd     Representing an unauthorized insurer; repeat offender.
  636  790.01(2)                      3rd     Carrying a concealed firearm.
  637  790.162                        2nd     Threat to throw or discharge destructive device.
  638  790.163(1)                     2nd     False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  639  790.221(1)                     2nd     Possession of short-barreled shotgun or machine gun.
  640  790.23                         2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
  641  796.05(1)                      2nd     Live on earnings of a prostitute; 1st offense.
  642  800.04(6)(c)                   3rd     Lewd or lascivious conduct; offender less than 18 years of age.
  643  800.04(7)(b)                   2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
  644  806.111(1)                     3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  645  812.0145(2)(b)                 2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  646  812.015 (8)(a) & (c)-(e)       3rd     Retail theft; property stolen is valued at $750 or more and one or more specified acts.
  647  812.019(1)                     2nd     Stolen property; dealing in or trafficking in.
  648  812.081(3)                     2nd     Trafficking in trade secrets.
  649  812.131(2)(b)                  3rd     Robbery by sudden snatching.
  650  812.16(2)                      3rd     Owning, operating, or conducting a chop shop.
  651  817.034(4)(a)2.                2nd     Communications fraud, value $20,000 to $50,000.
  652  817.234(11)(b)                 2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
  653  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.
  654  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.
  655  817.611(2)(a)                  2nd     Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  656  817.625(2)(b)                  2nd     Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  657  825.1025(4)                    3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  658  827.071(4)                     2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes child sexual abuse material sexual conduct by a child.
  659  827.071(5)                     3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child sexual abuse material sexual conduct by a child.
  660  828.12(2)                      3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  661  836.14(4)                      2nd     Person who promotes for a certain purpose a sexually explicit image of an identifiable person without consent.
  662  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.
  663  843.01                         3rd     Resist officer with violence to person; resist arrest with violence.
  664  847.0135(5)(b)                 2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
  665  847.0137 (2) & (3)             3rd     Transmission of pornography by electronic device or equipment.
  666  847.0138 (2) & (3)             3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
  667  874.05(1)(b)                   2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  668  874.05(2)(a)                   2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
  669  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).
  670  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.
  671  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.
  672  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.
  673  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.
  674  893.13(4)(b)                   2nd     Use or hire of minor; deliver to minor other controlled substance.
  675  893.1351(1)                    3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  676  
  677         Section 10. Paragraph (e) of subsection (3) and subsection
  678  (10) of section 960.03, Florida Statutes, are amended to read:
  679         960.03 Definitions; ss. 960.01-960.28.—As used in ss.
  680  960.01-960.28, unless the context otherwise requires, the term:
  681         (3) “Crime” means:
  682         (e) A violation of s. 827.071, s. 847.0135, s. 847.0137, or
  683  s. 847.0138, related to online sexual exploitation and child
  684  sexual abuse material child pornography.
  685         (10) “Identified victim of child sexual abuse material
  686  child pornography” means any person who, while under the age of
  687  18, is depicted in any image or movie of child sexual abuse
  688  material child pornography and who is identified through a
  689  report generated by a law enforcement agency and provided to the
  690  National Center for Missing and Exploited Children’s Child
  691  Victim Identification Program.
  692         Section 11. Paragraph (j) of subsection (1) of section
  693  288.1254, Florida Statutes, is amended to read:
  694         288.1254 Entertainment industry financial incentive
  695  program.—
  696         (1) DEFINITIONS.—As used in this section, the term:
  697         (j) “Qualified production” means a production in this state
  698  meeting the requirements of this section. The term does not
  699  include a production:
  700         1. In which, for the first 2 years of the incentive
  701  program, less than 50 percent, and thereafter, less than 60
  702  percent, of the positions that make up its production cast and
  703  below-the-line production crew, or, in the case of digital media
  704  projects, less than 75 percent of such positions, are filled by
  705  legal residents of this state, whose residency is demonstrated
  706  by a valid Florida driver license or other state-issued
  707  identification confirming residency, or students enrolled full
  708  time in a film-and-entertainment-related course of study at an
  709  institution of higher education in this state; or
  710         2. That contains obscene content as defined in s. 847.001
  711  s. 847.001(10).
  712         Section 12. Subsection (1) of section 847.0141, Florida
  713  Statutes, is amended to read:
  714         847.0141 Sexting; prohibited acts; penalties.—
  715         (1) A minor commits the offense of sexting if he or she
  716  knowingly:
  717         (a) Uses a computer, or any other device capable of
  718  electronic data transmission or distribution, to transmit or
  719  distribute to another minor any photograph or video of any
  720  person which depicts nudity, as defined in s. 847.001 s.
  721  847.001(9), and is harmful to minors, as defined in s. 847.001
  722  s. 847.001(6).
  723         (b) Possesses a photograph or video of any person that was
  724  transmitted or distributed by another minor which depicts
  725  nudity, as defined in s. 847.001 s. 847.001(9), and is harmful
  726  to minors, as defined in s. 847.001 s. 847.001(6). A minor does
  727  not violate this paragraph if all of the following apply:
  728         1. The minor did not solicit the photograph or video.
  729         2. The minor took reasonable steps to report the photograph
  730  or video to the minor’s legal guardian or to a school or law
  731  enforcement official.
  732         3. The minor did not transmit or distribute the photograph
  733  or video to a third party.
  734         Section 13. Subsection (3) of section 39.0138, Florida
  735  Statutes, is amended to read:
  736         39.0138 Criminal history and other records checks; limit on
  737  placement of a child.—
  738         (3) The department may not place a child with a person
  739  other than a parent if the criminal history records check
  740  reveals that the person has been convicted of any felony that
  741  falls within any of the following categories:
  742         (a) Child abuse, abandonment, or neglect;
  743         (b) Domestic violence;
  744         (c) Child sexual abuse material Child pornography or other
  745  felony in which a child was a victim of the offense; or
  746         (d) Homicide, sexual battery, or other felony involving
  747  violence, other than felony assault or felony battery when an
  748  adult was the victim of the assault or battery, or resisting
  749  arrest with violence.
  750         Section 14. Subsection (3) of section 92.56, Florida
  751  Statutes, is amended to read:
  752         92.56 Judicial proceedings and court records involving
  753  sexual offenses and human trafficking.—
  754         (3) The state may use a pseudonym instead of the victim’s
  755  name to designate the victim of a crime described in s.
  756  787.06(3)(a)1., (c)1., or (e)1., in s. 787.06(3)(b), (d), (f),
  757  or (g), or in chapter 794 or chapter 800, or of child abuse,
  758  aggravated child abuse, or sexual performance by a child as
  759  described in chapter 827, or any crime involving the production,
  760  possession, or promotion of child sexual abuse material child
  761  pornography as described in chapter 847, in all court records
  762  and records of court proceedings, both civil and criminal.
  763         Section 15. Section 92.561, Florida Statutes, is amended to
  764  read:
  765         92.561 Prohibition on reproduction of child sexual abuse
  766  material child pornography.—
  767         (1) In a criminal proceeding, any property or material that
  768  portrays sexual performance by a child as defined in s. 827.071,
  769  or constitutes child sexual abuse material child pornography as
  770  defined in s. 847.001, must remain secured or locked in the
  771  care, custody, and control of a law enforcement agency, the
  772  state attorney, or the court.
  773         (2) Notwithstanding any law or rule of court, a court shall
  774  deny, in a criminal proceeding, any request by the defendant to
  775  copy, photograph, duplicate, or otherwise reproduce any property
  776  or material that portrays sexual performance by a child or
  777  constitutes child sexual abuse material child pornography so
  778  long as the state attorney makes the property or material
  779  reasonably available to the defendant.
  780         (3) For purposes of this section, property or material is
  781  deemed to be reasonably available to the defendant if the state
  782  attorney provides ample opportunity at a designated facility for
  783  the inspection, viewing, and examination of the property or
  784  material that portrays sexual performance by a child or
  785  constitutes child sexual abuse material child pornography by the
  786  defendant, his or her attorney, or any individual whom the
  787  defendant uses as an expert during the discovery process or at a
  788  court proceeding.
  789         Section 16. Paragraph (c) of subsection (4) of section
  790  435.07, Florida Statutes, is amended to read:
  791         435.07 Exemptions from disqualification.—Unless otherwise
  792  provided by law, the provisions of this section apply to
  793  exemptions from disqualification for disqualifying offenses
  794  revealed pursuant to background screenings required under this
  795  chapter, regardless of whether those disqualifying offenses are
  796  listed in this chapter or other laws.
  797         (4)
  798         (c) Disqualification from employment under this chapter may
  799  not be removed from, and an exemption may not be granted to, any
  800  current or prospective child care personnel, as defined in s.
  801  402.302(3), and such a person is disqualified from employment as
  802  child care personnel, regardless of any previous exemptions from
  803  disqualification, if the person has been registered as a sex
  804  offender as described in 42 U.S.C. s. 9858f(c)(1)(C) or has been
  805  arrested for and is awaiting final disposition of, has been
  806  convicted or found guilty of, or entered a plea of guilty or
  807  nolo contendere to, regardless of adjudication, or has been
  808  adjudicated delinquent and the record has not been sealed or
  809  expunged for, any offense prohibited under any of the following
  810  provisions of state law or a similar law of another
  811  jurisdiction:
  812         1. A felony offense prohibited under any of the following
  813  statutes:
  814         a. Chapter 741, relating to domestic violence.
  815         b. Section 782.04, relating to murder.
  816         c. Section 782.07, relating to manslaughter, aggravated
  817  manslaughter of an elderly person or disabled adult, aggravated
  818  manslaughter of a child, or aggravated manslaughter of an
  819  officer, a firefighter, an emergency medical technician, or a
  820  paramedic.
  821         d. Section 784.021, relating to aggravated assault.
  822         e. Section 784.045, relating to aggravated battery.
  823         f. Section 787.01, relating to kidnapping.
  824         g. Section 787.025, relating to luring or enticing a child.
  825         h. Section 787.04(2), relating to leading, taking,
  826  enticing, or removing a minor beyond the state limits, or
  827  concealing the location of a minor, with criminal intent pending
  828  custody proceedings.
  829         i. Section 787.04(3), relating to leading, taking,
  830  enticing, or removing a minor beyond the state limits, or
  831  concealing the location of a minor, with criminal intent pending
  832  dependency proceedings or proceedings concerning alleged abuse
  833  or neglect of a minor.
  834         j. Section 794.011, relating to sexual battery.
  835         k. Former s. 794.041, relating to sexual activity with or
  836  solicitation of a child by a person in familial or custodial
  837  authority.
  838         l. Section 794.05, relating to unlawful sexual activity
  839  with certain minors.
  840         m. Section 794.08, relating to female genital mutilation.
  841         n. Section 806.01, relating to arson.
  842         o. Section 826.04, relating to incest.
  843         p. Section 827.03, relating to child abuse, aggravated
  844  child abuse, or neglect of a child.
  845         q. Section 827.04, relating to contributing to the
  846  delinquency or dependency of a child.
  847         r. Section 827.071, relating to sexual performance by a
  848  child.
  849         s. Chapter 847, relating to child sexual abuse material
  850  child pornography.
  851         t. Chapter 893, relating to a drug abuse prevention and
  852  control offense, if that offense was committed in the preceding
  853  5 years.
  854         u. Section 985.701, relating to sexual misconduct in
  855  juvenile justice programs.
  856         2. A misdemeanor offense prohibited under any of the
  857  following statutes:
  858         a. Section 784.03, relating to battery, if the victim of
  859  the offense was a minor.
  860         b. Section 787.025, relating to luring or enticing a child.
  861         c. Chapter 847, relating to child sexual abuse material
  862  child pornography.
  863         3. A criminal act committed in another state or under
  864  federal law which, if committed in this state, constitutes an
  865  offense prohibited under any statute listed in subparagraph 1.
  866  or subparagraph 2.
  867         Section 17. Paragraph (z) of subsection (5) of section
  868  456.074, Florida Statutes, is amended to read:
  869         456.074 Certain health care practitioners; immediate
  870  suspension of license.—
  871         (5) The department shall issue an emergency order
  872  suspending the license of any health care practitioner who is
  873  arrested for committing or attempting, soliciting, or conspiring
  874  to commit any act that would constitute a violation of any of
  875  the following criminal offenses in this state or similar
  876  offenses in another jurisdiction:
  877         (z) Section 847.0137, relating to the transmission of child
  878  sexual abuse material child pornography by electronic device or
  879  equipment.
  880         Section 18. Section 847.002, Florida Statutes, is amended
  881  to read:
  882         847.002 Child sexual abuse material Child pornography
  883  prosecutions.—
  884         (1) Any law enforcement officer who, pursuant to a criminal
  885  investigation, recovers images or movies of child sexual abuse
  886  material child pornography shall:
  887         (a) Provide such images or movies to the law enforcement
  888  agency representative assigned to the Child Victim
  889  Identification Program at the National Center for Missing and
  890  Exploited Children, as required by the center’s guidelines.
  891         (b) Request the law enforcement agency contact information
  892  from the Child Victim Identification Program for any images or
  893  movies recovered which contain an identified victim of child
  894  sexual abuse material child pornography as defined in s. 960.03.
  895         (c) Provide case information to the Child Victim
  896  Identification Program, as required by the National Center for
  897  Missing and Exploited Children guidelines, in any case where the
  898  law enforcement officer identifies a previously unidentified
  899  victim of child sexual abuse material child pornography.
  900         (2) Any law enforcement officer submitting a case for
  901  prosecution which involves the production, promotion, or
  902  possession of child sexual abuse material child pornography
  903  shall submit to the designated prosecutor the law enforcement
  904  agency contact information provided by the Child Victim
  905  Identification Program at the National Center for Missing and
  906  Exploited Children, for any images or movies involved in the
  907  case which contain the depiction of an identified victim of
  908  child sexual abuse material child pornography as defined in s.
  909  960.03.
  910         (3) In every filed case involving an identified victim of
  911  child sexual abuse material child pornography, as defined in s.
  912  960.03, the prosecuting agency shall enter the following
  913  information into the Victims in Child Sexual Abuse Material
  914  Child Pornography Tracking Repeat Exploitation database
  915  maintained by the Office of the Attorney General:
  916         (a) The case number and agency file number.
  917         (b) The named defendant.
  918         (c) The circuit court division and county.
  919         (d) Current court dates and the status of the case.
  920         (e) Contact information for the prosecutor assigned.
  921         (f) Verification that the prosecutor is or is not in
  922  possession of a victim impact statement and will use the
  923  statement in sentencing.
  924         Section 19. Subsections (1) and (4) of section 847.01357,
  925  Florida Statutes, are amended to read:
  926         847.01357 Exploited children’s civil remedy.—
  927         (1) Any person who, while under the age of 18, was a victim
  928  of a sexual abuse crime listed in chapter 794, chapter 800,
  929  chapter 827, or chapter 847, where any portion of such abuse was
  930  used in the production of child sexual abuse material child
  931  pornography, and who suffers personal or psychological injury as
  932  a result of the production, promotion, or possession of such
  933  images or movies, may bring an action in an appropriate state
  934  court against the producer, promoter, or possessor of such
  935  images or movies, regardless of whether the victim is now an
  936  adult. In any action brought under this section, a prevailing
  937  plaintiff shall recover the actual damages such person sustained
  938  and the cost of the suit, including reasonable attorney’s fees.
  939  Any victim who is awarded damages under this section shall be
  940  deemed to have sustained damages of at least $150,000.
  941         (4) It is not a defense to a civil cause of action under
  942  this section that the respondent did not know the victim or
  943  commit the abuse depicted in any image of child sexual abuse
  944  material child pornography.
  945         Section 20. Section 847.0139, Florida Statutes, is amended
  946  to read:
  947         847.0139 Immunity from civil liability for reporting child
  948  sexual abuse material child pornography, transmission of child
  949  sexual abuse material child pornography, or any image,
  950  information, or data harmful to minors to a minor in this
  951  state.—Any person who reports to a law enforcement officer what
  952  the person reasonably believes to be child sexual abuse material
  953  child pornography, transmission of child sexual abuse material
  954  child pornography, or any image, information, or data that is
  955  harmful to minors to a minor in this state may not be held
  956  civilly liable for such reporting. For purposes of this section,
  957  such reporting may include furnishing the law enforcement
  958  officer with any image, information, or data that the person
  959  reasonably believes to be evidence of child sexual abuse
  960  material child pornography, transmission of child sexual abuse
  961  material child pornography, or an image, information, or data
  962  that is harmful to minors to a minor in this state.
  963         Section 21. Paragraph (c) of subsection (8) of section
  964  948.06, Florida Statutes, is amended to read:
  965         948.06 Violation of probation or community control;
  966  revocation; modification; continuance; failure to pay
  967  restitution or cost of supervision.—
  968         (8)
  969         (c) For purposes of this section, the term “qualifying
  970  offense” means any of the following:
  971         1. Kidnapping or attempted kidnapping under s. 787.01,
  972  false imprisonment of a child under the age of 13 under s.
  973  787.02(3), or luring or enticing a child under s. 787.025(2)(b)
  974  or (c).
  975         2. Murder or attempted murder under s. 782.04, attempted
  976  felony murder under s. 782.051, or manslaughter under s. 782.07.
  977         3. Aggravated battery or attempted aggravated battery under
  978  s. 784.045.
  979         4. Sexual battery or attempted sexual battery under s.
  980  794.011(2), (3), (4), or (8)(b) or (c).
  981         5. Lewd or lascivious battery or attempted lewd or
  982  lascivious battery under s. 800.04(4), lewd or lascivious
  983  molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious
  984  conduct under s. 800.04(6)(b), lewd or lascivious exhibition
  985  under s. 800.04(7)(b), or lewd or lascivious exhibition on
  986  computer under s. 847.0135(5)(b).
  987         6. Robbery or attempted robbery under s. 812.13, carjacking
  988  or attempted carjacking under s. 812.133, or home invasion
  989  robbery or attempted home invasion robbery under s. 812.135.
  990         7. Lewd or lascivious offense upon or in the presence of an
  991  elderly or disabled person or attempted lewd or lascivious
  992  offense upon or in the presence of an elderly or disabled person
  993  under s. 825.1025.
  994         8. Sexual performance by a child or attempted sexual
  995  performance by a child under s. 827.071.
  996         9. Computer pornography under s. 847.0135(2) or (3),
  997  transmission of child sexual abuse material child pornography
  998  under s. 847.0137, or selling or buying of minors under s.
  999  847.0145.
 1000         10. Poisoning food or water under s. 859.01.
 1001         11. Abuse of a dead human body under s. 872.06.
 1002         12. Any burglary offense or attempted burglary offense that
 1003  is either a first degree felony or second degree felony under s.
 1004  810.02(2) or (3).
 1005         13. Arson or attempted arson under s. 806.01(1).
 1006         14. Aggravated assault under s. 784.021.
 1007         15. Aggravated stalking under s. 784.048(3), (4), (5), or
 1008  (7).
 1009         16. Aircraft piracy under s. 860.16.
 1010         17. Unlawful throwing, placing, or discharging of a
 1011  destructive device or bomb under s. 790.161(2), (3), or (4).
 1012         18. Treason under s. 876.32.
 1013         19. Any offense committed in another jurisdiction which
 1014  would be an offense listed in this paragraph if that offense had
 1015  been committed in this state.
 1016         Section 22. Section 960.197, Florida Statutes, is amended
 1017  to read:
 1018         960.197 Assistance to victims of online sexual exploitation
 1019  and child sexual abuse material child pornography.—
 1020         (1) Notwithstanding the criteria set forth in s. 960.13 for
 1021  crime victim compensation awards, the department may award
 1022  compensation for counseling and other mental health services to
 1023  treat psychological injury or trauma to:
 1024         (a) A child younger than 18 years of age who suffers
 1025  psychiatric or psychological injury as a direct result of online
 1026  sexual exploitation under any provision of s. 827.071, s.
 1027  847.0135, s. 847.0137, or s. 847.0138, and who does not
 1028  otherwise sustain a personal injury or death; or
 1029         (b) Any person who, while younger than age 18, was depicted
 1030  in any image or movie, regardless of length, of child sexual
 1031  abuse material child pornography as defined in s. 847.001, who
 1032  has been identified by a law enforcement agency or the National
 1033  Center for Missing and Exploited Children as an identified
 1034  victim of child sexual abuse material child pornography, who
 1035  suffers psychiatric or psychological injury as a direct result
 1036  of the crime, and who does not otherwise sustain a personal
 1037  injury or death.
 1038         (2) Compensation under this section is not contingent upon
 1039  pursuit of a criminal investigation or prosecution.
 1040         Section 23. This act shall take effect October 1, 2022.
 1041  
 1042  ================= T I T L E  A M E N D M E N T ================
 1043  And the title is amended as follows:
 1044         Delete everything before the enacting clause
 1045  and insert:
 1046                        A bill to be entitled                      
 1047         An act relating to sexually explicit material;
 1048         amending s. 775.0847, F.S.; redefining terms;
 1049         replacing the term “child pornography” with the term
 1050         “child sexual abuse material”; defining the term
 1051         “identifiable minor”; revising the list of
 1052         circumstances under which specified offenses may be
 1053         reclassified; amending s. 784.049, F.S.; increasing
 1054         the monetary damages that an aggrieved person may
 1055         receive as a result of violations relating to sexual
 1056         cyberharassment; amending s. 827.071, F.S.; defining
 1057         and redefining terms; conforming provisions to changes
 1058         made by the act; creating s. 836.13, F.S.; defining
 1059         terms; prohibiting the willful and malicious promotion
 1060         of certain images without consent; providing criminal
 1061         penalties; providing a civil cause of action;
 1062         providing applicability; providing construction;
 1063         creating s. 836.14, F.S.; defining terms; prohibiting
 1064         a person from obtaining certain images with the intent
 1065         to promote such images; prohibiting the possession of
 1066         certain images with intent to promote without consent;
 1067         prohibiting the promotion of certain images without
 1068         consent; providing criminal penalties; providing a
 1069         civil cause of action; providing applicability;
 1070         providing construction; amending s. 847.001, F.S.;
 1071         redefining terms; replacing the term “child
 1072         pornography” with the term “child sexual abuse
 1073         material”; defining the terms “identifiable minor” and
 1074         “promote”; amending 847.011; authorizing law
 1075         enforcement officers to arrest certain persons without
 1076         a warrant; authorizing a search warrant to be issued
 1077         for further investigation upon proper affidavits being
 1078         made; amending 847.0137, F.S.; deleting the definition
 1079         of the term “minor”; redefining the term “transmit”;
 1080         conforming provisions to changes made by the act;
 1081         amending s. 921.0022, F.S.; ranking offenses created
 1082         by this act for purposes of the severity ranking chart
 1083         of the Criminal Punishment Code; conforming provisions
 1084         to changes made by the act; amending s. 960.03, F.S.;
 1085         replacing the term “child pornography” with the term
 1086         “child sexual abuse material”; conforming provisions
 1087         to changes made by the act; amending ss. 288.1254, and
 1088         847.0141 F.S.; conforming cross-references; amending
 1089         ss. 39.0138, 92.56, 92.561, 435.07, 456.074, 847.002,
 1090         847.01357, 847.0139, 948.06, and 960.197, F.S.;
 1091         conforming provisions to changes made by the act;
 1092         providing an effective date.