Florida Senate - 2022 CS for CS for SB 1798
By the Committees on Appropriations; and Criminal Justice; and
Senator Book
576-03569-22 20221798c2
1 A bill to be entitled
2 An act relating to sexually related offenses; amending
3 s. 775.0847, F.S.; redefining terms; replacing the
4 term “child pornography” with the term “child sexual
5 abuse material”; defining the term “identifiable
6 minor”; revising the list of circumstances under which
7 specified offenses may be reclassified; amending s.
8 784.049, F.S.; increasing the monetary damages that an
9 aggrieved person may receive as a result of violations
10 relating to sexual cyberharassment; amending s.
11 827.071, F.S.; defining and redefining terms;
12 conforming provisions to changes made by the act;
13 amending s. 828.126, F.S.; revising definitions;
14 revising the prohibition on sexual activities with
15 animals; increasing the criminal penalties for such
16 sexual activities; requiring courts to issue orders
17 prohibiting persons convicted of such sexual
18 activities from engaging in specified activities, from
19 residing in certain households, or from engaging in
20 occupations or positions in which animals are present;
21 revising applicability; creating s. 836.13, F.S.;
22 defining terms; prohibiting the willful and malicious
23 promotion of certain sexual depictions without
24 consent; providing criminal penalties; providing a
25 civil cause of action; providing applicability;
26 providing construction; creating s. 836.14, F.S.;
27 defining terms; prohibiting a person from committing
28 theft of sexually explicit images with the intent to
29 promote such images; prohibiting the possession of
30 sexually explicit images with certain knowledge and
31 with intent to promote without consent; prohibiting
32 the promotion of sexually explicit images for
33 financial gain, without consent; providing criminal
34 penalties; providing a civil cause of action;
35 providing applicability; providing construction;
36 amending s. 847.001, F.S.; redefining terms; replacing
37 the term “child pornography” with the term “child
38 sexual abuse material”; defining the terms
39 “identifiable minor” and “promote”; amending s.
40 847.011, F.S.; authorizing law enforcement officers to
41 arrest certain persons without a warrant; authorizing
42 a search warrant to be issued for further
43 investigation upon proper affidavits being made;
44 amending s. 847.0137, F.S.; deleting the definition of
45 the term “minor”; redefining the term “transmit”;
46 conforming provisions to changes made by the act;
47 amending s. 921.0022, F.S.; ranking offenses created
48 by this act for purposes of the severity ranking chart
49 of the Criminal Punishment Code; conforming provisions
50 to changes made by the act; amending s. 960.03, F.S.;
51 replacing the term “child pornography” with the term
52 “child sexual abuse material”; conforming provisions
53 to changes made by the act; amending ss. 288.1254 and
54 847.0141, F.S.; conforming cross-references; amending
55 ss. 39.0138, 92.56, 92.561, 435.07, 456.074, 847.002,
56 847.01357, 847.0139, 948.06, and 960.197, F.S.;
57 conforming provisions to changes made by the act;
58 providing an effective date.
59
60 Be It Enacted by the Legislature of the State of Florida:
61
62 Section 1. Section 775.0847, Florida Statutes, is amended
63 to read:
64 775.0847 Possession or promotion of certain child sexual
65 abuse material images of child pornography; reclassification.—
66 (1) For purposes of this section:
67 (a) “Child” or “minor” means any person, whose identity is
68 known or unknown, younger less than 18 years of age.
69 (b) “Child sexual abuse material” “Child pornography”
70 means:
71 1. Any image depicting a minor engaged in sexual conduct;
72 or
73 2. Any image that has been created, altered, adapted, or
74 modified by electronic, mechanical, or other means, to portray
75 an identifiable minor engaged in sexual conduct.
76 (c) “Identifiable minor” means a person:
77 1. Who was a minor at the time the image was created,
78 altered, adapted, or modified, or whose image as a minor was
79 used in the creating, altering, adapting, or modifying of the
80 image; and
81 2. Who is recognizable as an actual person by the person’s
82 face, likeness, or other distinguishing characteristic, such as
83 a unique birthmark, or other recognizable feature.
84
85 The term may not be construed to require proof of the actual
86 identity of the identifiable minor.
87 (d)(c) “Sadomasochistic abuse” means flagellation or
88 torture by or upon a person or the condition of being fettered,
89 bound, or otherwise physically restrained, for the purpose of
90 deriving sexual satisfaction, or satisfaction brought about as a
91 result of sadistic violence, from inflicting harm on another or
92 receiving such harm oneself.
93 (e)(d) “Sexual battery” means oral, anal, or vaginal
94 penetration by, or union with, the sexual organ of another or
95 the anal or vaginal penetration of another by any other object;
96 however, sexual battery does not include an act done for a bona
97 fide medical purpose.
98 (f)(e) “Sexual bestiality” means any sexual act, actual or
99 simulated, between a person and an animal involving the sex
100 organ of the one and the mouth, anus, or vagina of the other.
101 (g)(f) “Sexual conduct” means actual or simulated sexual
102 intercourse, deviate sexual intercourse, sexual bestiality,
103 masturbation, or sadomasochistic abuse; actual or simulated lewd
104 exhibition of the genitals; actual physical contact with a
105 person’s clothed or unclothed genitals, pubic area, buttocks,
106 or, if such person is a female, breast with the intent to arouse
107 or gratify the sexual desire of either party; or any act or
108 conduct which constitutes sexual battery or simulates that
109 sexual battery is being or will be committed. A mother’s
110 breastfeeding of her baby does not under any circumstance
111 constitute “sexual conduct.”
112 (2) A violation of s. 827.071, s. 847.0135, s. 847.0137, or
113 s. 847.0138 shall be reclassified to the next higher degree as
114 provided in subsection (3) if:
115 (a) The offender possesses 10 or more images of any form of
116 child sexual abuse material child pornography regardless of
117 content; and
118 (b) The content of at least one image contains one or more
119 of the following:
120 1. A child who is younger than the age of 5.
121 2. Sadomasochistic abuse involving a child.
122 3. Sexual battery involving a child.
123 4. Sexual bestiality involving a child.
124 5. Any motion picture, film, video, or computer-generated
125 motion picture, film, or video movie involving a child,
126 regardless of length and regardless of whether the motion
127 picture, film, video, or computer-generated motion picture,
128 film, or video movie contains sound.
129 (3)(a) In the case of a felony of the third degree, the
130 offense is reclassified to a felony of the second degree.
131 (b) In the case of a felony of the second degree, the
132 offense is reclassified to a felony of the first degree.
133
134 For purposes of sentencing under chapter 921 and determining
135 incentive gain-time eligibility under chapter 944, a felony
136 offense that is reclassified under this section is ranked one
137 level above the ranking under s. 921.0022 or s. 921.0023 of the
138 offense committed.
139 Section 2. Paragraph (b) of subsection (5) of section
140 784.049, Florida Statutes, is amended to read:
141 784.049 Sexual cyberharassment.—
142 (5) An aggrieved person may initiate a civil action against
143 a person who violates this section to obtain all appropriate
144 relief in order to prevent or remedy a violation of this
145 section, including the following:
146 (b) Monetary damages to include $10,000 $5,000 or actual
147 damages incurred as a result of a violation of this section,
148 whichever is greater.
149 Section 3. Section 827.071, Florida Statutes, is amended to
150 read:
151 827.071 Sexual performance by a child; child sexual abuse
152 material; penalties.—
153 (1) As used in this section, the following definitions
154 shall apply:
155 (a) “Child” or “minor” means any person, whose identity is
156 known or unknown, younger than 18 years of age.
157 (b) “Child sexual abuse material” means:
158 1. Any image depicting a minor engaged in sexual conduct;
159 or
160 2. Any image that has been created, altered, adapted, or
161 modified by electronic, mechanical, or other means, to portray
162 an identifiable minor engaged in sexual conduct.
163 (c)(a) “Deviate sexual intercourse” means sexual conduct
164 between persons not married to each other consisting of contact
165 between the penis and the anus, the mouth and the penis, or the
166 mouth and the vulva.
167 (d) “Identifiable minor” means a person:
168 1. Who was a minor at the time the image was created,
169 altered, adapted, or modified, or whose image as a minor was
170 used in the creating, altering, adapting, or modifying of the
171 image; and
172 2. Who is recognizable as an actual person by the person’s
173 face, likeness, or other distinguishing characteristic, such as
174 a unique birthmark, or other recognizable feature.
175
176 The term may not be construed to require proof of the actual
177 identity of the identifiable minor.
178 (e)(b) “Intentionally view” means to deliberately,
179 purposefully, and voluntarily view. Proof of intentional viewing
180 requires establishing more than a single image, motion picture,
181 exhibition, show, image, data, computer depiction,
182 representation, or other presentation over any period of time.
183 (f)(c) “Performance” means any play, motion picture,
184 photograph, or dance or any other visual representation
185 exhibited before an audience.
186 (g)(d) “Promote” means to procure, manufacture, issue,
187 sell, give, provide, lend, mail, deliver, transfer, transmit,
188 transmute, publish, distribute, circulate, disseminate, present,
189 exhibit, send, post, share, or advertise or to offer or agree to
190 do the same.
191 (h)(e) “Sadomasochistic abuse” means flagellation or
192 torture by or upon a person, or the condition of being fettered,
193 bound, or otherwise physically restrained, for the purpose of
194 deriving sexual satisfaction from inflicting harm on another or
195 receiving such harm oneself.
196 (i)(f) “Sexual battery” means oral, anal, or vaginal
197 penetration by, or union with, the sexual organ of another or
198 the anal or vaginal penetration of another by any other object;
199 however, “sexual battery” does not include an act done for a
200 bona fide medical purpose.
201 (j)(g) “Sexual bestiality” means any sexual act between a
202 person and an animal involving the sex organ of the one and the
203 mouth, anus, or vagina of the other.
204 (k)(h) “Sexual conduct” means actual or simulated sexual
205 intercourse, deviate sexual intercourse, sexual bestiality,
206 masturbation, or sadomasochistic abuse; actual or simulated lewd
207 exhibition of the genitals; actual physical contact with a
208 person’s clothed or unclothed genitals, pubic area, buttocks,
209 or, if such person is a female, breast, with the intent to
210 arouse or gratify the sexual desire of either party; or any act
211 or conduct which constitutes sexual battery or simulates that
212 sexual battery is being or will be committed. A mother’s
213 breastfeeding of her baby does not under any circumstance
214 constitute “sexual conduct.”
215 (l)(i) “Sexual performance” means any performance or part
216 thereof which includes sexual conduct by a child of less than 18
217 years of age.
218 (m)(j) “Simulated” means the explicit depiction of conduct
219 set forth in paragraph (k) (h) which creates the appearance of
220 such conduct and which exhibits any uncovered portion of the
221 breasts, genitals, or buttocks.
222 (2) A person is guilty of the use of a child in a sexual
223 performance if, knowing the character and content thereof, he or
224 she employs, authorizes, or induces a child less than 18 years
225 of age to engage in a sexual performance or, being a parent,
226 legal guardian, or custodian of such child, consents to the
227 participation by such child in a sexual performance. A person
228 who Whoever violates this subsection commits is guilty of a
229 felony of the second degree, punishable as provided in s.
230 775.082, s. 775.083, or s. 775.084.
231 (3) A person is guilty of promoting a sexual performance by
232 a child when, knowing the character and content thereof, he or
233 she produces, directs, or promotes any performance which
234 includes sexual conduct by a child less than 18 years of age. A
235 person who Whoever violates this subsection commits is guilty of
236 a felony of the second degree, punishable as provided in s.
237 775.082, s. 775.083, or s. 775.084.
238 (4) It is unlawful for any person to possess with the
239 intent to promote any photograph, motion picture, exhibition,
240 show, representation, or other presentation which, in whole or
241 in part, includes child sexual abuse material any sexual conduct
242 by a child. The possession of three or more copies of such
243 photograph, motion picture, representation, or presentation is
244 prima facie evidence of an intent to promote. A person who
245 Whoever violates this subsection commits is guilty of a felony
246 of the second degree, punishable as provided in s. 775.082, s.
247 775.083, or s. 775.084.
248 (5)(a) It is unlawful for any person to knowingly possess,
249 control, or intentionally view a photograph, motion picture,
250 exhibition, show, representation, image, data, computer
251 depiction, or other presentation which, in whole or in part, he
252 or she knows to include child sexual abuse material any sexual
253 conduct by a child. The possession, control, or intentional
254 viewing of each such photograph, motion picture, exhibition,
255 show, image, data, computer depiction, representation, or
256 presentation is a separate offense. If such photograph, motion
257 picture, exhibition, show, representation, image, data, computer
258 depiction, or other presentation includes child sexual abuse
259 material depicting sexual conduct by more than one child, then
260 each such child in each such photograph, motion picture,
261 exhibition, show, representation, image, data, computer
262 depiction, or other presentation that is knowingly possessed,
263 controlled, or intentionally viewed is a separate offense. A
264 person who violates this paragraph subsection commits a felony
265 of the third degree, punishable as provided in s. 775.082, s.
266 775.083, or s. 775.084.
267 (b) Paragraph (a) This subsection does not apply to any
268 material possessed, controlled, or intentionally viewed as part
269 of a law enforcement investigation.
270 (6) Prosecution of a any person for an offense under this
271 section does shall not preclude prohibit prosecution of that
272 person in this state for a violation of any other law of this
273 state, including a law providing for greater penalties than
274 prescribed in this section or any other crime punishing the
275 sexual performance or the sexual exploitation of children.
276 Section 4. Section 828.126, Florida Statutes, is amended to
277 read:
278 828.126 Sexual activities involving animals.—
279 (1) As used in this section, the term:
280 (a) “Sexual conduct” means any touching or fondling by a
281 person, either directly or through clothing, of the sex organs
282 or anus of an animal or any transfer or transmission of semen by
283 the person upon any part of the animal for the purpose of sexual
284 gratification or arousal of the person.
285 (b) “Sexual contact with an animal” means any act committed
286 between a person and an animal for the purpose of sexual
287 gratification, abuse, or financial gain which involves:
288 (a) Contact between the sex organ or anus of one and the
289 mouth, sex organ, or anus of the other;
290 (b) The fondling of the sex organ or anus of an animal; or
291 (c) The insertion, however slight, of any part of the body
292 of a person or any object into the vaginal or anal opening of an
293 animal, or the insertion of any part of the body of an animal
294 into the vaginal or anal opening of a person contact, however
295 slight, between the mouth, sex organ, or anus of a person and
296 the sex organ or anus of an animal, or any penetration, however
297 slight, of any part of the body of the person into the sex organ
298 or anus of an animal, or any penetration of the sex organ or
299 anus of the person into the mouth of the animal, for the purpose
300 of sexual gratification or sexual arousal of the person.
301 (2) A person may not:
302 (a) Knowingly engage in any sexual conduct or sexual
303 contact with an animal;
304 (b) Knowingly cause, aid, or abet another person to engage
305 in any sexual conduct or sexual contact with an animal;
306 (c) Knowingly permit any sexual conduct or sexual contact
307 with an animal to be conducted on any premises under his or her
308 charge or control; or
309 (d) Knowingly organize, promote, conduct, advertise, aid,
310 abet, participate in as an observer, or advertise, offer,
311 solicit, or accept an offer of an animal for the purpose of
312 sexual contact with such animal, or perform any service in the
313 furtherance of an act involving any sexual conduct or sexual
314 contact with an animal; or
315 (e) Knowingly film, distribute, or possess any pornographic
316 image or video of a person and an animal engaged in any of the
317 activities prohibited by this section for a commercial or
318 recreational purpose.
319 (3) A person who violates this section commits a felony of
320 the third misdemeanor of the first degree, punishable as
321 provided in s. 775.082, or s. 775.083, or s. 775.084.
322 (4) In addition to other penalties prescribed by law, the
323 court shall issue an order prohibiting a person convicted under
324 this section from harboring, owning, possessing, or exercising
325 control over any animal; from residing in any household in which
326 animals are present; and from engaging in an occupation, whether
327 paid or unpaid, or participating in a volunteer position at any
328 establishment at which animals are present. The order may be
329 effective for up to 5 years after the date of the conviction,
330 regardless of whether adjudication is withheld.
331 (5)(4) This section does not apply to accepted animal
332 husbandry practices, including, but not limited to, bona fide
333 agricultural purposes, assistance with the birthing process or
334 artificial insemination of an animal for reproductive purposes,
335 accepted conformation judging practices, or accepted veterinary
336 medical practices.
337 Section 5. Section 836.13, Florida Statutes, is created to
338 read:
339 836.13 Promotion of an altered sexual depiction; prohibited
340 acts; penalties; applicability.—
341 (1) As used in this section, the term:
342 (a) “Altered sexual depiction” means any visual depiction
343 that, as a result of any type of digital, electronic,
344 mechanical, or other modification, alteration, or adaptation,
345 depicts a realistic version of an identifiable person:
346 1. With the nude body parts of another person as the nude
347 body parts of the identifiable person;
348 2. With computer-generated nude body parts as the nude body
349 parts of the identifiable person; or
350 3. Engaging in sexual conduct as defined in s. 847.001 in
351 which the identifiable person did not engage.
352 (b) “Identifiable person” means a person who is
353 recognizable as an actual person by the person’s face, likeness,
354 or other distinguishing characteristic, such as a unique
355 birthmark, or other recognizable feature.
356 (c) “Nude body parts” means the human male or female
357 genitals, pubic area, or buttocks with less than fully opaque
358 covering; or the female breast with less than a fully opaque
359 covering of any portion thereof below the top of the nipple; or
360 the depiction of covered male genitals in a discernibly turgid
361 state. The term does not under any circumstances include a
362 mother breastfeeding her baby.
363 (d) “Promote” means to procure, manufacture, issue, sell,
364 give, provide, lend, mail, deliver, transfer, transmit,
365 transmute, publish, distribute, circulate, disseminate, present,
366 exhibit, send, post, share, or advertise or to offer or agree to
367 do the same.
368 (e) “Visual depiction” includes, but is not limited to, a
369 photograph, picture, image, motion picture, film, video, or
370 representation, regardless of whether such photograph, picture,
371 image, motion picture, film, video, or representation was made,
372 modified, altered, adapted, or produced by digital, electronic,
373 mechanical, or other means.
374 (2) A person who willfully and maliciously promotes any
375 altered sexual depiction of an identifiable person, without the
376 consent of the identifiable person, and who knows or reasonably
377 should have known that such visual depiction was an altered
378 sexual depiction, commits a felony of the third degree,
379 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
380 (3) Every act, thing, or transaction prohibited by this
381 section constitutes a separate offense and is punishable as
382 such.
383 (4) The presence of a disclaimer within an altered sexual
384 depiction which notifies a viewer that the person or persons
385 depicted did not consent to or participate in the creation or
386 promotion of the material, or that the person or persons
387 depicted did not actually perform the actions portrayed, is not
388 a defense and does not relieve a person of criminal liability
389 under this section.
390 (5) An aggrieved person may initiate a civil action against
391 a person who violates subsection (2) to obtain appropriate
392 relief in order to prevent or remedy a violation of subsection
393 (2), including all of the following:
394 (a) Injunctive relief.
395 (b) Monetary damages to include $10,000 or actual damages
396 incurred as a result of a violation of subsection (2), whichever
397 is greater.
398 (c) Reasonable attorney fees and costs.
399 (6) The criminal and civil penalties of this section do not
400 apply to:
401 (a) A provider of an interactive computer service as
402 defined in 47 U.S.C. s. 230(f), of an information service as
403 defined in 47 U.S.C. s. 153, or of a communications service as
404 defined in s. 202.11 which provides the transmission, storage,
405 or caching of electronic communications or messages of others;
406 another related telecommunications or commercial mobile radio
407 service; or content provided by another person;
408 (b) A law enforcement officer, as defined in s. 943.10, or
409 any local, state, federal, or military law enforcement agency
410 that promotes an altered sexual depiction in connection with the
411 performance of his or her duties as a law enforcement officer or
412 the duties of the law enforcement agency;
413 (c) A person reporting unlawful activity; or
414 (d) A person participating in a hearing, trial, or other
415 legal proceeding.
416 (7) A violation of this section is committed within this
417 state if any conduct that is an element of the offense, or any
418 harm to the depicted person resulting from the offense, occurs
419 within this state.
420 (8) Prosecution of a person for an offense under this
421 section does not preclude prosecution of that person in this
422 state for a violation of any other law of this state, including
423 a law providing for greater penalties than prescribed in this
424 section or any other crime related to child sexual abuse
425 material or the sexual performance or the sexual exploitation of
426 children.
427 Section 6. Section 836.14, Florida Statutes, is created to
428 read:
429 836.14 Theft or unauthorized promotion of a sexually
430 explicit image.—
431 (1) As used in this section, the term:
432 (a) “Identifiable person” has the same meaning as in s.
433 836.13.
434 (b) “Promote” has the same meaning as in s. 836.13.
435 (c) “Sexually explicit image” means any image depicting
436 nudity as defined in s. 847.001 or a person engaging in sexual
437 conduct as defined in s. 847.001.
438 (2) A person who commits a theft in violation of s. 812.014
439 of a sexually explicit image with the intent to promote such
440 image commits a felony of the third degree, punishable as
441 provided in s. 775.082, s. 775.083, or s. 775.084.
442 (3) A person who willfully possesses with the intent to
443 promote a sexually explicit image that he or she knows or should
444 have known was obtained in violation of subsection (2) commits a
445 felony of the third degree, punishable as provided in s.
446 775.082, s. 775.083, or s. 775.084.
447 (4) A person who willfully promotes for the purpose of
448 pecuniary or any other financial gain a sexually explicit image
449 of an identifiable person without that person’s consent commits
450 a felony of the second degree, punishable as provided in s.
451 775.082, s. 775.083, or s. 775.084.
452 (5) Every act, thing, or transaction prohibited by this
453 section constitutes a separate offense and is punishable as
454 such.
455 (6) An aggrieved person may initiate a civil action against
456 a person who violates this section to obtain all appropriate
457 relief in order to prevent or remedy a violation of this
458 section, including the following:
459 (a) Injunctive relief.
460 (b) Monetary damages to include $10,000 or actual damages
461 incurred as a result of a violation of this section, whichever
462 is greater.
463 (c) Reasonable attorney fees and costs.
464 (7) The criminal and civil penalties of this section do not
465 apply to:
466 (a) A provider of an interactive computer service as
467 defined in 47 U.S.C. s. 230(f), of an information service as
468 defined in 47 U.S.C. s. 153, or of a communications service as
469 defined in s. 202.11 which provides the transmission, storage,
470 or caching of electronic communications or messages of others;
471 another related telecommunications or commercial mobile radio
472 service; or content provided by another person;
473 (b) A law enforcement officer, as defined in s. 943.10, or
474 any local, state, federal, or military law enforcement agency
475 that disseminates a sexually explicit image in connection with
476 the performance of his or her duties as a law enforcement
477 officer or the duties of the law enforcement agency;
478 (c) A person reporting unlawful activity;
479 (d) A person participating in a hearing, trial, or other
480 legal proceeding;
481 (e) Sexually explicit images involving voluntary exposure
482 in a public or commercial setting; or
483 (f) Sexually explicit images possessed or promoted by a
484 bona fide news media organization for a legitimate and
485 newsworthy purpose.
486 (8) A violation of this section is committed within this
487 state if any conduct that is an element of the offense, or any
488 harm to the depicted individual resulting from the offense,
489 occurs within this state.
490 (9) Prosecution of a person for an offense under this
491 section does not preclude prosecution of that person in this
492 state for a violation of any other law of this state, including
493 a law providing for greater penalties than prescribed in this
494 section or any other crime related to child sexual abuse
495 material or the sexual performance or the sexual exploitation of
496 children.
497 Section 7. Present subsections (7) through (11) and (12)
498 through (20) of section 847.001, Florida Statutes, are
499 redesignated as subsections (8) through (12) and (14) through
500 (22), respectively, new subsections (7) and (13) are added to
501 that section, and subsection (3) and present subsections (8),
502 (16), and (19) of that section are amended, to read:
503 847.001 Definitions.—As used in this chapter, the term:
504 (3) “Child sexual abuse material” “Child pornography”
505 means:
506 (a) Any image depicting a minor engaged in sexual conduct;
507 or
508 (b) Any image that has been created, altered, adapted, or
509 modified by electronic, mechanical, or other means, to portray
510 an identifiable minor engaged in sexual conduct.
511 (7) “Identifiable minor” means a person:
512 (a) Who was a minor at the time the image was created,
513 altered, adapted, or modified, or whose image as a minor was
514 used in the creating, altering, adapting, or modifying of the
515 image; and
516 (b) Who is recognizable as an actual person by the person’s
517 face, likeness, or other distinguishing characteristic, such as
518 a unique birthmark, or other recognizable feature.
519
520 The term may not be construed to require proof of the actual
521 identity of the identifiable minor.
522 (9)(8) “Minor” or “child” means any person, whose identity
523 is known or unknown, younger than under the age of 18 years of
524 age.
525 (13) “Promote” means to procure, manufacture, issue, sell,
526 give, provide, lend, mail, deliver, transfer, transmit,
527 transmute, publish, distribute, circulate, disseminate, present,
528 exhibit, send, post, share, or advertise or to offer or agree to
529 do the same.
530 (18)(16) “Sexual conduct” means actual or simulated sexual
531 intercourse, deviate sexual intercourse, sexual bestiality,
532 masturbation, or sadomasochistic abuse; actual or simulated lewd
533 exhibition of the genitals; actual physical contact with a
534 person’s clothed or unclothed genitals, pubic area, buttocks,
535 or, if such person is a female, breast with the intent to arouse
536 or gratify the sexual desire of either party; or any act or
537 conduct which constitutes sexual battery or simulates that
538 sexual battery is being or will be committed. A mother’s
539 breastfeeding of her baby does not under any circumstance
540 constitute “sexual conduct.”
541 (21)(19) “Simulated” means the explicit depiction of
542 conduct described in subsection (18) (16) which creates the
543 appearance of such conduct and which exhibits any uncovered
544 portion of the breasts, genitals, or buttocks.
545 Section 8. Subsection (5) of section 847.011, Florida
546 Statutes, is amended to read:
547 847.011 Prohibition of certain acts in connection with
548 obscene, lewd, etc., materials; penalty.—
549 (5)(a)1. A person may not knowingly sell, lend, give away,
550 distribute, transmit, show, or transmute; offer to sell, lend,
551 give away, distribute, transmit, show, or transmute; have in his
552 or her possession, custody, or control with the intent to sell,
553 lend, give away, distribute, transmit, show, or transmute; or
554 advertise in any manner an obscene, child-like sex doll.
555 2.a. Except as provided in sub-subparagraph b., a person
556 who violates this paragraph commits a felony of the third
557 degree, punishable as provided in s. 775.082, s. 775.083, or s.
558 775.084.
559 b. A person who is convicted of violating this paragraph a
560 second or subsequent time commits a felony of the second degree,
561 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
562 (b)1. Except as provided in subparagraph 2., a person who
563 knowingly has in his or her possession, custody, or control an
564 obscene, child-like sex doll commits a misdemeanor of the first
565 degree, punishable as provided in s. 775.082 or s. 775.083.
566 2. A person who is convicted of violating this paragraph a
567 second or subsequent time commits a felony of the third degree,
568 punishable as provided in s. 775.082 or s. 775.083.
569 (c)1. A law enforcement officer may arrest without a
570 warrant any person who he or she has probable cause to believe
571 has violated paragraph (b).
572 2. Upon proper affidavits being made, a search warrant may
573 be issued to further investigate a violation of paragraph (b),
574 including to search a private dwelling.
575 Section 9. Subsections (1) through (4) of section 847.0137,
576 Florida Statutes, are amended to read:
577 847.0137 Transmission of pornography by electronic device
578 or equipment prohibited; penalties.—
579 (1) As used in this section, the term For purposes of this
580 section:
581 (a) “Minor” means any person less than 18 years of age.
582 (b) “transmit” means the act of sending and causing to be
583 delivered, including the act of providing access for receiving
584 and causing to be delivered, any image, information, or data
585 from one or more persons or places to one or more other persons
586 or places over or through any medium, including the Internet or
587 an interconnected network, by use of any electronic equipment or
588 other device.
589 (2) Notwithstanding ss. 847.012 and 847.0133, any person in
590 this state who knew or reasonably should have known that he or
591 she was transmitting child sexual abuse material child
592 pornography, as defined in s. 847.001, to another person in this
593 state or in another jurisdiction commits a felony of the third
594 degree, punishable as provided in s. 775.082, s. 775.083, or s.
595 775.084.
596 (3) Notwithstanding ss. 847.012 and 847.0133, any person in
597 any jurisdiction other than this state who knew or reasonably
598 should have known that he or she was transmitting child sexual
599 abuse material child pornography, as defined in s. 847.001, to
600 any person in this state commits a felony of the third degree,
601 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
602 (4) This section shall not be construed to preclude
603 prohibit prosecution of a person in this state or another
604 jurisdiction for a violation of any law of this state, including
605 a law providing for greater penalties than prescribed in this
606 section, for the transmission of child sexual abuse material
607 child pornography, as defined in s. 847.001, to any person in
608 this state.
609
610 The provisions of this section do not apply to subscription
611 based transmissions such as list servers.
612 Section 10. Paragraphs (c) through (f) of subsection (3) of
613 section 921.0022, Florida Statutes, are amended to read:
614 921.0022 Criminal Punishment Code; offense severity ranking
615 chart.—
616 (3) OFFENSE SEVERITY RANKING CHART
617 (c) LEVEL 3
618
619 FloridaStatute FelonyDegree Description
620 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
621 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
622 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
623 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
624 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
625 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
626 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
627 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
628 327.35(2)(b) 3rd Felony BUI.
629 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
630 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
631 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
632 379.2431 (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.
633 379.2431 (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.
634 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
635 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
636 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
637 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
638 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
639 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
640 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
641 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
642 697.08 3rd Equity skimming.
643 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
644 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
645 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
646 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
647 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
648 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
649 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
650 812.081(2) 3rd Theft of a trade secret.
651 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
652 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
653 817.233 3rd Burning to defraud insurer.
654 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
655 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
656 817.236 3rd Filing a false motor vehicle insurance application.
657 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
658 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
659 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
660 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
661 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
662 836.13(2) 3rd Person who promotes an altered sexual depiction of an identifiable person without consent.
663 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
664 843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
665 860.15(3) 3rd Overcharging for repairs and parts.
666 870.01(2) 3rd Riot.
667 870.01(4) 3rd Inciting a riot.
668 893.13(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).
669 893.13(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.
670 893.13(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.
671 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
672 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
673 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
674 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
675 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
676 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
677 893.13(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.
678 893.13(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.
679 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
680 893.13(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.
681 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
682 944.47(1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
683 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
684 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
685 (d) LEVEL 4
686
687 FloridaStatute FelonyDegree Description
688 316.1935(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.
689 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
690 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
691 517.07(1) 3rd Failure to register securities.
692 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
693 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
694 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
695 784.075 3rd Battery on detention or commitment facility staff.
696 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
697 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
698 784.081(3) 3rd Battery on specified official or employee.
699 784.082(3) 3rd Battery by detained person on visitor or other detainee.
700 784.083(3) 3rd Battery on code inspector.
701 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
702 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
703 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
704 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
705 787.07 3rd Human smuggling.
706 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
707 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
708 790.115(2)(c) 3rd Possessing firearm on school property.
709 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
710 806.135 2nd Destroying or demolishing a memorial or historic property.
711 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
712 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
713 810.06 3rd Burglary; possession of tools.
714 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
715 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
716 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree; specified items.
717 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
718 817.505(4)(a) 3rd Patient brokering.
719 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
720 817.568(2)(a) 3rd Fraudulent use of personal identification information.
721 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
722 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
723 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
724 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it.
725 836.14(3) 3rd Person who possesses a sexually explicit image with certain knowledge and intent to promote it.
726 837.02(1) 3rd Perjury in official proceedings.
727 837.021(1) 3rd Make contradictory statements in official proceedings.
728 838.022 3rd Official misconduct.
729 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
730 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
731 843.021 3rd Possession of a concealed handcuff key by a person in custody.
732 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
733 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
734 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
735 870.01(3) 2nd Aggravated rioting.
736 870.01(5) 2nd Aggravated inciting a riot.
737 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
738 893.13(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).
739 914.14(2) 3rd Witnesses accepting bribes.
740 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
741 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
742 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
743 918.12 3rd Tampering with jurors.
744 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
745 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
746 951.22(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.
747 (e) LEVEL 5
748
749 FloridaStatute FelonyDegree Description
750 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
751 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
752 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
753 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
754 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
755 379.365(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.
756 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
757 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
758 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
759 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
760 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
761 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
762 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
763 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
764 790.01(2) 3rd Carrying a concealed firearm.
765 790.162 2nd Threat to throw or discharge destructive device.
766 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
767 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
768 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
769 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
770 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
771 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
772 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
773 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
774 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
775 812.019(1) 2nd Stolen property; dealing in or trafficking in.
776 812.081(3) 2nd Trafficking in trade secrets.
777 812.131(2)(b) 3rd Robbery by sudden snatching.
778 812.16(2) 3rd Owning, operating, or conducting a chop shop.
779 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
780 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
781 817.2341(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.
782 817.568(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.
783 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
784 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
785 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
786 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child sexual abuse material sexual conduct by a child.
787 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child sexual abuse material sexual conduct by a child.
788 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
789 836.14(4) 2nd Person who promotes for financial gain a sexually explicit image of an identifiable person without consent.
790 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
791 843.01 3rd Resist officer with violence to person; resist arrest with violence.
792 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
793 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
794 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
795 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
796 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
797 893.13(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).
798 893.13(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.
799 893.13(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.
800 893.13(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.
801 893.13(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.
802 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
803 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
804 (f) LEVEL 6
805
806 FloridaStatute FelonyDegree Description
807 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
808 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
809 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
810 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
811 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
812 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
813 775.0875(1) 3rd Taking firearm from law enforcement officer.
814 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
815 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
816 784.041 3rd Felony battery; domestic battery by strangulation.
817 784.048(3) 3rd Aggravated stalking; credible threat.
818 784.048(5) 3rd Aggravated stalking of person under 16.
819 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
820 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
821 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
822 784.081(2) 2nd Aggravated assault on specified official or employee.
823 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
824 784.083(2) 2nd Aggravated assault on code inspector.
825 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
826 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
827 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
828 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
829 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
830 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
831 794.05(1) 2nd Unlawful sexual activity with specified minor.
832 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
833 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
834 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
835 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
836 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
837 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
838 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
839 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
840 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
841 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
842 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
843 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death.
844 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
845 825.102(1) 3rd Abuse of an elderly person or disabled adult.
846 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
847 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
848 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
849 827.03(2)(c) 3rd Abuse of a child.
850 827.03(2)(d) 3rd Neglect of a child.
851 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
852 828.126(3) 3rd Sexual activities involving animals.
853 836.05 2nd Threats; extortion.
854 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
855 843.12 3rd Aids or assists person to escape.
856 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
857 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
858 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
859 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
860 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
861 944.40 2nd Escapes.
862 944.46 3rd Harboring, concealing, aiding escaped prisoners.
863 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
864 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
865 Section 11. Paragraph (e) of subsection (3) and subsection
866 (10) of section 960.03, Florida Statutes, are amended to read:
867 960.03 Definitions; ss. 960.01-960.28.—As used in ss.
868 960.01-960.28, unless the context otherwise requires, the term:
869 (3) “Crime” means:
870 (e) A violation of s. 827.071, s. 847.0135, s. 847.0137, or
871 s. 847.0138, related to online sexual exploitation and child
872 sexual abuse material child pornography.
873 (10) “Identified victim of child sexual abuse material
874 child pornography” means any person who, while under the age of
875 18, is depicted in any image or movie of child sexual abuse
876 material child pornography and who is identified through a
877 report generated by a law enforcement agency and provided to the
878 National Center for Missing and Exploited Children’s Child
879 Victim Identification Program.
880 Section 12. Paragraph (j) of subsection (1) of section
881 288.1254, Florida Statutes, is amended to read:
882 288.1254 Entertainment industry financial incentive
883 program.—
884 (1) DEFINITIONS.—As used in this section, the term:
885 (j) “Qualified production” means a production in this state
886 meeting the requirements of this section. The term does not
887 include a production:
888 1. In which, for the first 2 years of the incentive
889 program, less than 50 percent, and thereafter, less than 60
890 percent, of the positions that make up its production cast and
891 below-the-line production crew, or, in the case of digital media
892 projects, less than 75 percent of such positions, are filled by
893 legal residents of this state, whose residency is demonstrated
894 by a valid Florida driver license or other state-issued
895 identification confirming residency, or students enrolled full
896 time in a film-and-entertainment-related course of study at an
897 institution of higher education in this state; or
898 2. That contains obscene content as defined in s. 847.001
899 s. 847.001(10).
900 Section 13. Subsection (1) of section 847.0141, Florida
901 Statutes, is amended to read:
902 847.0141 Sexting; prohibited acts; penalties.—
903 (1) A minor commits the offense of sexting if he or she
904 knowingly:
905 (a) Uses a computer, or any other device capable of
906 electronic data transmission or distribution, to transmit or
907 distribute to another minor any photograph or video of any
908 person which depicts nudity, as defined in s. 847.001 s.
909 847.001(9), and is harmful to minors, as defined in s. 847.001
910 s. 847.001(6).
911 (b) Possesses a photograph or video of any person that was
912 transmitted or distributed by another minor which depicts
913 nudity, as defined in s. 847.001 s. 847.001(9), and is harmful
914 to minors, as defined in s. 847.001 s. 847.001(6). A minor does
915 not violate this paragraph if all of the following apply:
916 1. The minor did not solicit the photograph or video.
917 2. The minor took reasonable steps to report the photograph
918 or video to the minor’s legal guardian or to a school or law
919 enforcement official.
920 3. The minor did not transmit or distribute the photograph
921 or video to a third party.
922 Section 14. Subsection (3) of section 39.0138, Florida
923 Statutes, is amended to read:
924 39.0138 Criminal history and other records checks; limit on
925 placement of a child.—
926 (3) The department may not place a child with a person
927 other than a parent if the criminal history records check
928 reveals that the person has been convicted of any felony that
929 falls within any of the following categories:
930 (a) Child abuse, abandonment, or neglect;
931 (b) Domestic violence;
932 (c) Child sexual abuse material Child pornography or other
933 felony in which a child was a victim of the offense; or
934 (d) Homicide, sexual battery, or other felony involving
935 violence, other than felony assault or felony battery when an
936 adult was the victim of the assault or battery, or resisting
937 arrest with violence.
938 Section 15. Subsection (3) of section 92.56, Florida
939 Statutes, is amended to read:
940 92.56 Judicial proceedings and court records involving
941 sexual offenses and human trafficking.—
942 (3) The state may use a pseudonym instead of the victim’s
943 name to designate the victim of a crime described in s.
944 787.06(3)(a)1., (c)1., or (e)1., in s. 787.06(3)(b), (d), (f),
945 or (g), or in chapter 794 or chapter 800, or of child abuse,
946 aggravated child abuse, or sexual performance by a child as
947 described in chapter 827, or any crime involving the production,
948 possession, or promotion of child sexual abuse material child
949 pornography as described in chapter 847, in all court records
950 and records of court proceedings, both civil and criminal.
951 Section 16. Section 92.561, Florida Statutes, is amended to
952 read:
953 92.561 Prohibition on reproduction of child sexual abuse
954 material child pornography.—
955 (1) In a criminal proceeding, any property or material that
956 portrays sexual performance by a child as defined in s. 827.071,
957 or constitutes child sexual abuse material child pornography as
958 defined in s. 847.001, must remain secured or locked in the
959 care, custody, and control of a law enforcement agency, the
960 state attorney, or the court.
961 (2) Notwithstanding any law or rule of court, a court shall
962 deny, in a criminal proceeding, any request by the defendant to
963 copy, photograph, duplicate, or otherwise reproduce any property
964 or material that portrays sexual performance by a child or
965 constitutes child sexual abuse material child pornography so
966 long as the state attorney makes the property or material
967 reasonably available to the defendant.
968 (3) For purposes of this section, property or material is
969 deemed to be reasonably available to the defendant if the state
970 attorney provides ample opportunity at a designated facility for
971 the inspection, viewing, and examination of the property or
972 material that portrays sexual performance by a child or
973 constitutes child sexual abuse material child pornography by the
974 defendant, his or her attorney, or any individual whom the
975 defendant uses as an expert during the discovery process or at a
976 court proceeding.
977 Section 17. Paragraph (c) of subsection (4) of section
978 435.07, Florida Statutes, is amended to read:
979 435.07 Exemptions from disqualification.—Unless otherwise
980 provided by law, the provisions of this section apply to
981 exemptions from disqualification for disqualifying offenses
982 revealed pursuant to background screenings required under this
983 chapter, regardless of whether those disqualifying offenses are
984 listed in this chapter or other laws.
985 (4)
986 (c) Disqualification from employment under this chapter may
987 not be removed from, and an exemption may not be granted to, any
988 current or prospective child care personnel, as defined in s.
989 402.302(3), and such a person is disqualified from employment as
990 child care personnel, regardless of any previous exemptions from
991 disqualification, if the person has been registered as a sex
992 offender as described in 42 U.S.C. s. 9858f(c)(1)(C) or has been
993 arrested for and is awaiting final disposition of, has been
994 convicted or found guilty of, or entered a plea of guilty or
995 nolo contendere to, regardless of adjudication, or has been
996 adjudicated delinquent and the record has not been sealed or
997 expunged for, any offense prohibited under any of the following
998 provisions of state law or a similar law of another
999 jurisdiction:
1000 1. A felony offense prohibited under any of the following
1001 statutes:
1002 a. Chapter 741, relating to domestic violence.
1003 b. Section 782.04, relating to murder.
1004 c. Section 782.07, relating to manslaughter, aggravated
1005 manslaughter of an elderly person or disabled adult, aggravated
1006 manslaughter of a child, or aggravated manslaughter of an
1007 officer, a firefighter, an emergency medical technician, or a
1008 paramedic.
1009 d. Section 784.021, relating to aggravated assault.
1010 e. Section 784.045, relating to aggravated battery.
1011 f. Section 787.01, relating to kidnapping.
1012 g. Section 787.025, relating to luring or enticing a child.
1013 h. Section 787.04(2), relating to leading, taking,
1014 enticing, or removing a minor beyond the state limits, or
1015 concealing the location of a minor, with criminal intent pending
1016 custody proceedings.
1017 i. Section 787.04(3), relating to leading, taking,
1018 enticing, or removing a minor beyond the state limits, or
1019 concealing the location of a minor, with criminal intent pending
1020 dependency proceedings or proceedings concerning alleged abuse
1021 or neglect of a minor.
1022 j. Section 794.011, relating to sexual battery.
1023 k. Former s. 794.041, relating to sexual activity with or
1024 solicitation of a child by a person in familial or custodial
1025 authority.
1026 l. Section 794.05, relating to unlawful sexual activity
1027 with certain minors.
1028 m. Section 794.08, relating to female genital mutilation.
1029 n. Section 806.01, relating to arson.
1030 o. Section 826.04, relating to incest.
1031 p. Section 827.03, relating to child abuse, aggravated
1032 child abuse, or neglect of a child.
1033 q. Section 827.04, relating to contributing to the
1034 delinquency or dependency of a child.
1035 r. Section 827.071, relating to sexual performance by a
1036 child.
1037 s. Chapter 847, relating to child sexual abuse material
1038 child pornography.
1039 t. Chapter 893, relating to a drug abuse prevention and
1040 control offense, if that offense was committed in the preceding
1041 5 years.
1042 u. Section 985.701, relating to sexual misconduct in
1043 juvenile justice programs.
1044 2. A misdemeanor offense prohibited under any of the
1045 following statutes:
1046 a. Section 784.03, relating to battery, if the victim of
1047 the offense was a minor.
1048 b. Section 787.025, relating to luring or enticing a child.
1049 c. Chapter 847, relating to child sexual abuse material
1050 child pornography.
1051 3. A criminal act committed in another state or under
1052 federal law which, if committed in this state, constitutes an
1053 offense prohibited under any statute listed in subparagraph 1.
1054 or subparagraph 2.
1055 Section 18. Paragraph (z) of subsection (5) of section
1056 456.074, Florida Statutes, is amended to read:
1057 456.074 Certain health care practitioners; immediate
1058 suspension of license.—
1059 (5) The department shall issue an emergency order
1060 suspending the license of any health care practitioner who is
1061 arrested for committing or attempting, soliciting, or conspiring
1062 to commit any act that would constitute a violation of any of
1063 the following criminal offenses in this state or similar
1064 offenses in another jurisdiction:
1065 (z) Section 847.0137, relating to the transmission of child
1066 sexual abuse material child pornography by electronic device or
1067 equipment.
1068 Section 19. Section 847.002, Florida Statutes, is amended
1069 to read:
1070 847.002 Child sexual abuse material Child pornography
1071 prosecutions.—
1072 (1) Any law enforcement officer who, pursuant to a criminal
1073 investigation, recovers images or movies of child sexual abuse
1074 material child pornography shall:
1075 (a) Provide such images or movies to the law enforcement
1076 agency representative assigned to the Child Victim
1077 Identification Program at the National Center for Missing and
1078 Exploited Children, as required by the center’s guidelines.
1079 (b) Request the law enforcement agency contact information
1080 from the Child Victim Identification Program for any images or
1081 movies recovered which contain an identified victim of child
1082 sexual abuse material child pornography as defined in s. 960.03.
1083 (c) Provide case information to the Child Victim
1084 Identification Program, as required by the National Center for
1085 Missing and Exploited Children guidelines, in any case where the
1086 law enforcement officer identifies a previously unidentified
1087 victim of child sexual abuse material child pornography.
1088 (2) Any law enforcement officer submitting a case for
1089 prosecution which involves the production, promotion, or
1090 possession of child sexual abuse material child pornography
1091 shall submit to the designated prosecutor the law enforcement
1092 agency contact information provided by the Child Victim
1093 Identification Program at the National Center for Missing and
1094 Exploited Children, for any images or movies involved in the
1095 case which contain the depiction of an identified victim of
1096 child sexual abuse material child pornography as defined in s.
1097 960.03.
1098 (3) In every filed case involving an identified victim of
1099 child sexual abuse material child pornography, as defined in s.
1100 960.03, the prosecuting agency shall enter the following
1101 information into the Victims in Child Sexual Abuse Material
1102 Child Pornography Tracking Repeat Exploitation database
1103 maintained by the Office of the Attorney General:
1104 (a) The case number and agency file number.
1105 (b) The named defendant.
1106 (c) The circuit court division and county.
1107 (d) Current court dates and the status of the case.
1108 (e) Contact information for the prosecutor assigned.
1109 (f) Verification that the prosecutor is or is not in
1110 possession of a victim impact statement and will use the
1111 statement in sentencing.
1112 Section 20. Subsections (1) and (4) of section 847.01357,
1113 Florida Statutes, are amended to read:
1114 847.01357 Exploited children’s civil remedy.—
1115 (1) Any person who, while under the age of 18, was a victim
1116 of a sexual abuse crime listed in chapter 794, chapter 800,
1117 chapter 827, or chapter 847, where any portion of such abuse was
1118 used in the production of child sexual abuse material child
1119 pornography, and who suffers personal or psychological injury as
1120 a result of the production, promotion, or possession of such
1121 images or movies, may bring an action in an appropriate state
1122 court against the producer, promoter, or possessor of such
1123 images or movies, regardless of whether the victim is now an
1124 adult. In any action brought under this section, a prevailing
1125 plaintiff shall recover the actual damages such person sustained
1126 and the cost of the suit, including reasonable attorney’s fees.
1127 Any victim who is awarded damages under this section shall be
1128 deemed to have sustained damages of at least $150,000.
1129 (4) It is not a defense to a civil cause of action under
1130 this section that the respondent did not know the victim or
1131 commit the abuse depicted in any image of child sexual abuse
1132 material child pornography.
1133 Section 21. Section 847.0139, Florida Statutes, is amended
1134 to read:
1135 847.0139 Immunity from civil liability for reporting child
1136 sexual abuse material child pornography, transmission of child
1137 sexual abuse material child pornography, or any image,
1138 information, or data harmful to minors to a minor in this
1139 state.—Any person who reports to a law enforcement officer what
1140 the person reasonably believes to be child sexual abuse material
1141 child pornography, transmission of child sexual abuse material
1142 child pornography, or any image, information, or data that is
1143 harmful to minors to a minor in this state may not be held
1144 civilly liable for such reporting. For purposes of this section,
1145 such reporting may include furnishing the law enforcement
1146 officer with any image, information, or data that the person
1147 reasonably believes to be evidence of child sexual abuse
1148 material child pornography, transmission of child sexual abuse
1149 material child pornography, or an image, information, or data
1150 that is harmful to minors to a minor in this state.
1151 Section 22. Paragraph (c) of subsection (8) of section
1152 948.06, Florida Statutes, is amended to read:
1153 948.06 Violation of probation or community control;
1154 revocation; modification; continuance; failure to pay
1155 restitution or cost of supervision.—
1156 (8)
1157 (c) For purposes of this section, the term “qualifying
1158 offense” means any of the following:
1159 1. Kidnapping or attempted kidnapping under s. 787.01,
1160 false imprisonment of a child under the age of 13 under s.
1161 787.02(3), or luring or enticing a child under s. 787.025(2)(b)
1162 or (c).
1163 2. Murder or attempted murder under s. 782.04, attempted
1164 felony murder under s. 782.051, or manslaughter under s. 782.07.
1165 3. Aggravated battery or attempted aggravated battery under
1166 s. 784.045.
1167 4. Sexual battery or attempted sexual battery under s.
1168 794.011(2), (3), (4), or (8)(b) or (c).
1169 5. Lewd or lascivious battery or attempted lewd or
1170 lascivious battery under s. 800.04(4), lewd or lascivious
1171 molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious
1172 conduct under s. 800.04(6)(b), lewd or lascivious exhibition
1173 under s. 800.04(7)(b), or lewd or lascivious exhibition on
1174 computer under s. 847.0135(5)(b).
1175 6. Robbery or attempted robbery under s. 812.13, carjacking
1176 or attempted carjacking under s. 812.133, or home invasion
1177 robbery or attempted home invasion robbery under s. 812.135.
1178 7. Lewd or lascivious offense upon or in the presence of an
1179 elderly or disabled person or attempted lewd or lascivious
1180 offense upon or in the presence of an elderly or disabled person
1181 under s. 825.1025.
1182 8. Sexual performance by a child or attempted sexual
1183 performance by a child under s. 827.071.
1184 9. Computer pornography under s. 847.0135(2) or (3),
1185 transmission of child sexual abuse material child pornography
1186 under s. 847.0137, or selling or buying of minors under s.
1187 847.0145.
1188 10. Poisoning food or water under s. 859.01.
1189 11. Abuse of a dead human body under s. 872.06.
1190 12. Any burglary offense or attempted burglary offense that
1191 is either a first degree felony or second degree felony under s.
1192 810.02(2) or (3).
1193 13. Arson or attempted arson under s. 806.01(1).
1194 14. Aggravated assault under s. 784.021.
1195 15. Aggravated stalking under s. 784.048(3), (4), (5), or
1196 (7).
1197 16. Aircraft piracy under s. 860.16.
1198 17. Unlawful throwing, placing, or discharging of a
1199 destructive device or bomb under s. 790.161(2), (3), or (4).
1200 18. Treason under s. 876.32.
1201 19. Any offense committed in another jurisdiction which
1202 would be an offense listed in this paragraph if that offense had
1203 been committed in this state.
1204 Section 23. Section 960.197, Florida Statutes, is amended
1205 to read:
1206 960.197 Assistance to victims of online sexual exploitation
1207 and child sexual abuse material child pornography.—
1208 (1) Notwithstanding the criteria set forth in s. 960.13 for
1209 crime victim compensation awards, the department may award
1210 compensation for counseling and other mental health services to
1211 treat psychological injury or trauma to:
1212 (a) A child younger than 18 years of age who suffers
1213 psychiatric or psychological injury as a direct result of online
1214 sexual exploitation under any provision of s. 827.071, s.
1215 847.0135, s. 847.0137, or s. 847.0138, and who does not
1216 otherwise sustain a personal injury or death; or
1217 (b) Any person who, while younger than age 18, was depicted
1218 in any image or movie, regardless of length, of child sexual
1219 abuse material child pornography as defined in s. 847.001, who
1220 has been identified by a law enforcement agency or the National
1221 Center for Missing and Exploited Children as an identified
1222 victim of child sexual abuse material child pornography, who
1223 suffers psychiatric or psychological injury as a direct result
1224 of the crime, and who does not otherwise sustain a personal
1225 injury or death.
1226 (2) Compensation under this section is not contingent upon
1227 pursuit of a criminal investigation or prosecution.
1228 Section 24. This act shall take effect October 1, 2022.