CS/HB 115

1
A bill to be entitled
2An act relating to sexual offenders and predators;
3amending s. 257.12, F.S.; encouraging all public libraries
4to implement an Internet safety education program for
5children and adults; providing minimum requirements for
6the program; requiring libraries to annually report to the
7Division of Library and Information Services of the
8Department of State the number of participants who
9complete the program; requiring that the division adopt
10rules to award additional points to grant applicants
11implementing such a program; amending ss. 775.21,
12943.0435, 944.606, 944.607, and 985.481, F.S.; requiring
13sexual offenders and predators to provide home telephone
14numbers and any cellular telephone numbers as part of the
15registration process; correcting cross-references to apply
16exclusions from designation as a sexual offender or
17predator to owners or operators of computer services
18rather than to persons traveling to meet a minor; amending
19ss. 847.0135 and 847.0138, F.S.; removing residency
20requirements in statutes relating to computer pornography
21involving minor children and the transmission of material
22harmful to a minor by electronic device or equipment,
23respectively; providing an effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Subsection (3) is added to section 257.12,
28Florida Statutes, to read:
29     257.12  Division of Library and Information Services
30authorized to accept and expend federal funds.--
31     (3)  All public libraries are encouraged to adopt an
32Internet safety education program, including the implementation
33of a computer-based educational program, which has been endorsed
34by a government-sanctioned law enforcement agency or other
35reputable public safety advocacy organization and is designed
36for children and adults. The purpose of the Internet safety
37education program is to promote the use of prudent online
38deportment and broaden awareness of online predators. The
39program must be interactive and age-appropriate. Each library
40shall annually report to the division the annual number of
41program participants who complete the Internet safety education
42program. By April 1, 2010, the division shall adopt rules for
43rewarding those libraries in the program grant application
44process which have had 1 percent or more of their annual number
45of program participants, based on the total number of registered
46borrowers from the preceding year, complete the Internet safety
47education program adopted by the library. Program participants
48completing the program as a result of strategic partnerships or
49collaboration between the library and other entities shall be
50integrated into the library's annual report. The division shall
51adopt rules to allocate 10 percent of the total points available
52in the library services and technology grant application
53evaluation process to public libraries that are in compliance
54with this section, beginning with the grant application cycle
55for the 2011-2012 fiscal year.
56     Section 2.  Paragraph (a) of subsection (4), paragraph (a)
57of subsection (6), paragraph (a) of subsection (8), and
58paragraph (a) of subsection (10) of section 775.21, Florida
59Statutes, are amended to read:
60     775.21  The Florida Sexual Predators Act.--
61     (4)  SEXUAL PREDATOR CRITERIA.--
62     (a)  For a current offense committed on or after October 1,
631993, upon conviction, an offender shall be designated as a
64"sexual predator" under subsection (5), and subject to
65registration under subsection (6) and community and public
66notification under subsection (7) if:
67     1.  The felony is:
68     a.  A capital, life, or first-degree felony violation, or
69any attempt thereof, of s. 787.01 or s. 787.02, where the victim
70is a minor and the defendant is not the victim's parent or
71guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
72violation of a similar law of another jurisdiction; or
73     b.  Any felony violation, or any attempt thereof, of s.
74787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
75minor and the defendant is not the victim's parent or guardian;
76s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
77796.035; s. 800.04; s. 825.1025(2)(b); s. 827.071; s.
78847.0135(5); s. 847.0145; or s. 985.701(1); or a violation of a
79similar law of another jurisdiction, and the offender has
80previously been convicted of or found to have committed, or has
81pled nolo contendere or guilty to, regardless of adjudication,
82any violation of s. 787.01, s. 787.02, or s. 787.025(2)(c),
83where the victim is a minor and the defendant is not the
84victim's parent or guardian; s. 794.011, excluding s.
85794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
86825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
87847.0135(6)(4); s. 847.0145; or s. 985.701(1); or a violation of
88a similar law of another jurisdiction;
89     2.  The offender has not received a pardon for any felony
90or similar law of another jurisdiction that is necessary for the
91operation of this paragraph; and
92     3.  A conviction of a felony or similar law of another
93jurisdiction necessary to the operation of this paragraph has
94not been set aside in any postconviction proceeding.
95     (6)  REGISTRATION.--
96     (a)  A sexual predator must register with the department
97through the sheriff's office by providing the following
98information to the department:
99     1.  Name, social security number, age, race, sex, date of
100birth, height, weight, hair and eye color, photograph, address
101of legal residence and address of any current temporary
102residence, within the state or out of state, including a rural
103route address and a post office box, any electronic mail address
104and any instant message name required to be provided pursuant to
105subparagraph (g)4., home telephone number and any cellular
106telephone number, date and place of any employment, date and
107place of each conviction, fingerprints, and a brief description
108of the crime or crimes committed by the offender. A post office
109box shall not be provided in lieu of a physical residential
110address.
111     a.  If the sexual predator's place of residence is a motor
112vehicle, trailer, mobile home, or manufactured home, as defined
113in chapter 320, the sexual predator shall also provide to the
114department written notice of the vehicle identification number;
115the license tag number; the registration number; and a
116description, including color scheme, of the motor vehicle,
117trailer, mobile home, or manufactured home. If a sexual
118predator's place of residence is a vessel, live-aboard vessel,
119or houseboat, as defined in chapter 327, the sexual predator
120shall also provide to the department written notice of the hull
121identification number; the manufacturer's serial number; the
122name of the vessel, live-aboard vessel, or houseboat; the
123registration number; and a description, including color scheme,
124of the vessel, live-aboard vessel, or houseboat.
125     b.  If the sexual predator is enrolled, employed, or
126carrying on a vocation at an institution of higher education in
127this state, the sexual predator shall also provide to the
128department the name, address, and county of each institution,
129including each campus attended, and the sexual predator's
130enrollment or employment status. Each change in enrollment or
131employment status shall be reported in person at the sheriff's
132office, or the Department of Corrections if the sexual predator
133is in the custody or control of or under the supervision of the
134Department of Corrections, within 48 hours after any change in
135status. The sheriff or the Department of Corrections shall
136promptly notify each institution of the sexual predator's
137presence and any change in the sexual predator's enrollment or
138employment status.
139     2.  Any other information determined necessary by the
140department, including criminal and corrections records;
141nonprivileged personnel and treatment records; and evidentiary
142genetic markers when available.
143     (8)  VERIFICATION.--The department and the Department of
144Corrections shall implement a system for verifying the addresses
145of sexual predators. The system must be consistent with the
146provisions of the federal Adam Walsh Child Protection and Safety
147Act of 2006 and any other federal standards applicable to such
148verification or required to be met as a condition for the
149receipt of federal funds by the state. The Department of
150Corrections shall verify the addresses of sexual predators who
151are not incarcerated but who reside in the community under the
152supervision of the Department of Corrections and shall report to
153the department any failure by a sexual predator to comply with
154registration requirements. County and local law enforcement
155agencies, in conjunction with the department, shall verify the
156addresses of sexual predators who are not under the care,
157custody, control, or supervision of the Department of
158Corrections. Local law enforcement agencies shall report to the
159department any failure by a sexual predator to comply with
160registration requirements.
161     (a)  A sexual predator must report in person each year
162during the month of the sexual predator's birthday and during
163every third month thereafter to the sheriff's office in the
164county in which he or she resides or is otherwise located to
165reregister. The sheriff's office may determine the appropriate
166times and days for reporting by the sexual predator, which shall
167be consistent with the reporting requirements of this paragraph.
168Reregistration shall include any changes to the following
169information:
170     1.  Name; social security number; age; race; sex; date of
171birth; height; weight; hair and eye color; address of any
172permanent residence and address of any current temporary
173residence, within the state or out of state, including a rural
174route address and a post office box; any electronic mail address
175and any instant message name required to be provided pursuant to
176subparagraph (6)(g)4.; home telephone number and any cellular
177telephone number; date and place of any employment; vehicle
178make, model, color, and license tag number; fingerprints; and
179photograph. A post office box shall not be provided in lieu of a
180physical residential address.
181     2.  If the sexual predator is enrolled, employed, or
182carrying on a vocation at an institution of higher education in
183this state, the sexual predator shall also provide to the
184department the name, address, and county of each institution,
185including each campus attended, and the sexual predator's
186enrollment or employment status.
187     3.  If the sexual predator's place of residence is a motor
188vehicle, trailer, mobile home, or manufactured home, as defined
189in chapter 320, the sexual predator shall also provide the
190vehicle identification number; the license tag number; the
191registration number; and a description, including color scheme,
192of the motor vehicle, trailer, mobile home, or manufactured
193home. If the sexual predator's place of residence is a vessel,
194live-aboard vessel, or houseboat, as defined in chapter 327, the
195sexual predator shall also provide the hull identification
196number; the manufacturer's serial number; the name of the
197vessel, live-aboard vessel, or houseboat; the registration
198number; and a description, including color scheme, of the
199vessel, live-aboard vessel, or houseboat.
200     (10)  PENALTIES.--
201     (a)  Except as otherwise specifically provided, a sexual
202predator who fails to register; who fails, after registration,
203to maintain, acquire, or renew a driver's license or
204identification card; who fails to provide required location
205information, electronic mail address information, instant
206message name information, home telephone number and any cellular
207telephone number, or change-of-name information; who fails to
208make a required report in connection with vacating a permanent
209residence; who fails to reregister as required; who fails to
210respond to any address verification correspondence from the
211department within 3 weeks of the date of the correspondence; or
212who otherwise fails, by act or omission, to comply with the
213requirements of this section, commits a felony of the third
214degree, punishable as provided in s. 775.082, s. 775.083, or s.
215775.084.
216     Section 3.  Paragraph (a) of subsection (1), paragraph (b)
217of subsection (2), and paragraph (c) of subsection (14) of
218section 943.0435, Florida Statutes, are amended to read:
219     943.0435  Sexual offenders required to register with the
220department; penalty.--
221     (1)  As used in this section, the term:
222     (a)1.  "Sexual offender" means a person who meets the
223criteria in sub-subparagraph a., sub-subparagraph b., sub-
224subparagraph c., or sub-subparagraph d., as follows:
225     a.(I)  Has been convicted of committing, or attempting,
226soliciting, or conspiring to commit, any of the criminal
227offenses proscribed in the following statutes in this state or
228similar offenses in another jurisdiction: s. 787.01, s. 787.02,
229or s. 787.025(2)(c), where the victim is a minor and the
230defendant is not the victim's parent or guardian; s. 794.011,
231excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.
232800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
233excluding s. 847.0135(6)(4); s. 847.0137; s. 847.0138; s.
234847.0145; or s. 985.701(1); or any similar offense committed in
235this state which has been redesignated from a former statute
236number to one of those listed in this sub-sub-subparagraph; and
237     (II)  Has been released on or after October 1, 1997, from
238the sanction imposed for any conviction of an offense described
239in sub-sub-subparagraph (I). For purposes of sub-sub-
240subparagraph (I), a sanction imposed in this state or in any
241other jurisdiction includes, but is not limited to, a fine,
242probation, community control, parole, conditional release,
243control release, or incarceration in a state prison, federal
244prison, private correctional facility, or local detention
245facility;
246     b.  Establishes or maintains a residence in this state and
247who has not been designated as a sexual predator by a court of
248this state but who has been designated as a sexual predator, as
249a sexually violent predator, or by another sexual offender
250designation in another state or jurisdiction and was, as a
251result of such designation, subjected to registration or
252community or public notification, or both, or would be if the
253person were a resident of that state or jurisdiction, without
254regard to whether the person otherwise meets the criteria for
255registration as a sexual offender;
256     c.  Establishes or maintains a residence in this state who
257is in the custody or control of, or under the supervision of,
258any other state or jurisdiction as a result of a conviction for
259committing, or attempting, soliciting, or conspiring to commit,
260any of the criminal offenses proscribed in the following
261statutes or similar offense in another jurisdiction: s. 787.01,
262s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
263the defendant is not the victim's parent or guardian; s.
264794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
265796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
266847.0135, excluding s. 847.0135(6)(4); s. 847.0137; s. 847.0138;
267s. 847.0145; or s. 985.701(1); or any similar offense committed
268in this state which has been redesignated from a former statute
269number to one of those listed in this sub-subparagraph; or
270     d.  On or after July 1, 2007, has been adjudicated
271delinquent for committing, or attempting, soliciting, or
272conspiring to commit, any of the criminal offenses proscribed in
273the following statutes in this state or similar offenses in
274another jurisdiction when the juvenile was 14 years of age or
275older at the time of the offense:
276     (I)  Section 794.011, excluding s. 794.011(10);
277     (II)  Section 800.04(4)(b) where the victim is under 12
278years of age or where the court finds sexual activity by the use
279of force or coercion;
280     (III)  Section 800.04(5)(c)1. where the court finds
281molestation involving unclothed genitals; or
282     (IV)  Section 800.04(5)(d) where the court finds the use of
283force or coercion and unclothed genitals.
284     2.  For all qualifying offenses listed in sub-subparagraph
285(1)(a)1.d., the court shall make a written finding of the age of
286the offender at the time of the offense.
287
288For each violation of a qualifying offense listed in this
289subsection, the court shall make a written finding of the age of
290the victim at the time of the offense. For a violation of s.
291800.04(4), the court shall additionally make a written finding
292indicating that the offense did or did not involve sexual
293activity and indicating that the offense did or did not involve
294force or coercion. For a violation of s. 800.04(5), the court
295shall additionally make a written finding that the offense did
296or did not involve unclothed genitals or genital area and that
297the offense did or did not involve the use of force or coercion.
298     (2)  A sexual offender shall:
299     (b)  Provide his or her name, date of birth, social
300security number, race, sex, height, weight, hair and eye color,
301tattoos or other identifying marks, occupation and place of
302employment, address of permanent or legal residence or address
303of any current temporary residence, within the state and out of
304state, including a rural route address and a post office box,
305home telephone number and any cellular telephone number, any
306electronic mail address and any instant message name required to
307be provided pursuant to paragraph (4)(d), date and place of each
308conviction, and a brief description of the crime or crimes
309committed by the offender. A post office box shall not be
310provided in lieu of a physical residential address.
311     1.  If the sexual offender's place of residence is a motor
312vehicle, trailer, mobile home, or manufactured home, as defined
313in chapter 320, the sexual offender shall also provide to the
314department through the sheriff's office written notice of the
315vehicle identification number; the license tag number; the
316registration number; and a description, including color scheme,
317of the motor vehicle, trailer, mobile home, or manufactured
318home. If the sexual offender's place of residence is a vessel,
319live-aboard vessel, or houseboat, as defined in chapter 327, the
320sexual offender shall also provide to the department written
321notice of the hull identification number; the manufacturer's
322serial number; the name of the vessel, live-aboard vessel, or
323houseboat; the registration number; and a description, including
324color scheme, of the vessel, live-aboard vessel, or houseboat.
325     2.  If the sexual offender is enrolled, employed, or
326carrying on a vocation at an institution of higher education in
327this state, the sexual offender shall also provide to the
328department through the sheriff's office the name, address, and
329county of each institution, including each campus attended, and
330the sexual offender's enrollment or employment status. Each
331change in enrollment or employment status shall be reported in
332person at the sheriff's office, within 48 hours after any change
333in status. The sheriff shall promptly notify each institution of
334the sexual offender's presence and any change in the sexual
335offender's enrollment or employment status.
336
337When a sexual offender reports at the sheriff's office, the
338sheriff shall take a photograph and a set of fingerprints of the
339offender and forward the photographs and fingerprints to the
340department, along with the information provided by the sexual
341offender. The sheriff shall promptly provide to the department
342the information received from the sexual offender.
343     (14)
344     (c)  The sheriff's office may determine the appropriate
345times and days for reporting by the sexual offender, which shall
346be consistent with the reporting requirements of this
347subsection. Reregistration shall include any changes to the
348following information:
349     1.  Name; social security number; age; race; sex; date of
350birth; height; weight; hair and eye color; address of any
351permanent residence and address of any current temporary
352residence, within the state or out of state, including a rural
353route address and a post office box; any electronic mail address
354and any instant message name required to be provided pursuant to
355paragraph (4)(d); home telephone number and any cellular
356telephone number; date and place of any employment; vehicle
357make, model, color, and license tag number; fingerprints; and
358photograph. A post office box shall not be provided in lieu of a
359physical residential address.
360     2.  If the sexual offender is enrolled, employed, or
361carrying on a vocation at an institution of higher education in
362this state, the sexual offender shall also provide to the
363department the name, address, and county of each institution,
364including each campus attended, and the sexual offender's
365enrollment or employment status.
366     3.  If the sexual offender's place of residence is a motor
367vehicle, trailer, mobile home, or manufactured home, as defined
368in chapter 320, the sexual offender shall also provide the
369vehicle identification number; the license tag number; the
370registration number; and a description, including color scheme,
371of the motor vehicle, trailer, mobile home, or manufactured
372home. If the sexual offender's place of residence is a vessel,
373live-aboard vessel, or houseboat, as defined in chapter 327, the
374sexual offender shall also provide the hull identification
375number; the manufacturer's serial number; the name of the
376vessel, live-aboard vessel, or houseboat; the registration
377number; and a description, including color scheme, of the
378vessel, live-aboard vessel or houseboat.
379     4.  Any sexual offender who fails to report in person as
380required at the sheriff's office, or who fails to respond to any
381address verification correspondence from the department within 3
382weeks of the date of the correspondence or who fails to report
383electronic mail addresses or instant message names, commits a
384felony of the third degree, punishable as provided in s.
385775.082, s. 775.083, or s. 775.084.
386     Section 4.  Paragraph (b) of subsection (1) and paragraph
387(a) of subsection (3) of section 944.606, Florida Statutes, are
388amended to read:
389     944.606  Sexual offenders; notification upon release.--
390     (1)  As used in this section:
391     (b)  "Sexual offender" means a person who has been
392convicted of committing, or attempting, soliciting, or
393conspiring to commit, any of the criminal offenses proscribed in
394the following statutes in this state or similar offenses in
395another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
396where the victim is a minor and the defendant is not the
397victim's parent or guardian; s. 794.011, excluding s.
398794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
399825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
400847.0135(6)(4); s. 847.0137; s. 847.0138; s. 847.0145; or s.
401985.701(1); or any similar offense committed in this state which
402has been redesignated from a former statute number to one of
403those listed in this subsection, when the department has
404received verified information regarding such conviction; an
405offender's computerized criminal history record is not, in and
406of itself, verified information.
407     (3)(a)  The department must provide information regarding
408any sexual offender who is being released after serving a period
409of incarceration for any offense, as follows:
410     1.  The department must provide: the sexual offender's
411name, any change in the offender's name by reason of marriage or
412other legal process, and any alias, if known; the correctional
413facility from which the sexual offender is released; the sexual
414offender's social security number, race, sex, date of birth,
415height, weight, and hair and eye color; date and county of
416sentence and each crime for which the offender was sentenced; a
417copy of the offender's fingerprints and a digitized photograph
418taken within 60 days before release; the date of release of the
419sexual offender; any electronic mail address and any instant
420message name required to be provided pursuant to s.
421943.0435(4)(d); home telephone number and any cellular telephone
422number; and the offender's intended residence address, if known.
423The department shall notify the Department of Law Enforcement if
424the sexual offender escapes, absconds, or dies. If the sexual
425offender is in the custody of a private correctional facility,
426the facility shall take the digitized photograph of the sexual
427offender within 60 days before the sexual offender's release and
428provide this photograph to the Department of Corrections and
429also place it in the sexual offender's file. If the sexual
430offender is in the custody of a local jail, the custodian of the
431local jail shall register the offender within 3 business days
432after intake of the offender for any reason and upon release,
433and shall notify the Department of Law Enforcement of the sexual
434offender's release and provide to the Department of Law
435Enforcement the information specified in this paragraph and any
436information specified in subparagraph 2. that the Department of
437Law Enforcement requests.
438     2.  The department may provide any other information deemed
439necessary, including criminal and corrections records,
440nonprivileged personnel and treatment records, when available.
441     Section 5.  Paragraph (a) of subsection (1) of section
442944.607, Florida Statutes, is amended to read:
443     944.607  Notification to Department of Law Enforcement of
444information on sexual offenders.--
445     (1)  As used in this section, the term:
446     (a)  "Sexual offender" means a person who is in the custody
447or control of, or under the supervision of, the department or is
448in the custody of a private correctional facility:
449     1.  On or after October 1, 1997, as a result of a
450conviction for committing, or attempting, soliciting, or
451conspiring to commit, any of the criminal offenses proscribed in
452the following statutes in this state or similar offenses in
453another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
454where the victim is a minor and the defendant is not the
455victim's parent or guardian; s. 794.011, excluding s.
456794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
457825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
458847.0135(6)(4); s. 847.0137; s. 847.0138; s. 847.0145; or s.
459985.701(1); or any similar offense committed in this state which
460has been redesignated from a former statute number to one of
461those listed in this paragraph; or
462     2.  Who establishes or maintains a residence in this state
463and who has not been designated as a sexual predator by a court
464of this state but who has been designated as a sexual predator,
465as a sexually violent predator, or by another sexual offender
466designation in another state or jurisdiction and was, as a
467result of such designation, subjected to registration or
468community or public notification, or both, or would be if the
469person were a resident of that state or jurisdiction, without
470regard as to whether the person otherwise meets the criteria for
471registration as a sexual offender.
472     Section 6.  Paragraph (a) of subsection (3) of section
473985.481, Florida Statutes, is amended to read:
474     985.481  Sexual offenders adjudicated delinquent;
475notification upon release.--
476     (3)(a)  The department must provide information regarding
477any sexual offender who is being released after serving a period
478of residential commitment under the department for any offense,
479as follows:
480     1.  The department must provide the sexual offender's name,
481any change in the offender's name by reason of marriage or other
482legal process, and any alias, if known; the correctional
483facility from which the sexual offender is released; the sexual
484offender's social security number, race, sex, date of birth,
485height, weight, and hair and eye color; date and county of
486disposition and each crime for which there was a disposition; a
487copy of the offender's fingerprints and a digitized photograph
488taken within 60 days before release; the date of release of the
489sexual offender; home telephone number and any cellular
490telephone number; and the offender's intended residence address,
491if known. The department shall notify the Department of Law
492Enforcement if the sexual offender escapes, absconds, or dies.
493If the sexual offender is in the custody of a private
494correctional facility, the facility shall take the digitized
495photograph of the sexual offender within 60 days before the
496sexual offender's release and also place it in the sexual
497offender's file. If the sexual offender is in the custody of a
498local jail, the custodian of the local jail shall register the
499offender within 3 business days after intake of the offender for
500any reason and upon release, and shall notify the Department of
501Law Enforcement of the sexual offender's release and provide to
502the Department of Law Enforcement the information specified in
503this subparagraph and any information specified in subparagraph
5042. which the Department of Law Enforcement requests.
505     2.  The department may provide any other information
506considered necessary, including criminal and delinquency
507records, when available.
508     Section 7.  Paragraph (a) of subsection (5) and subsection
509(7) of section 847.0135, Florida Statutes, are amended to read:
510     847.0135  Computer pornography; traveling to meet minor;
511penalties.--
512     (5)  CERTAIN COMPUTER TRANSMISSIONS PROHIBITED.--
513     (a)  A person who:
514     1.  Intentionally masturbates;
515     2.  Intentionally exposes the genitals in a lewd or
516lascivious manner; or
517     3.  Intentionally commits any other sexual act that does
518not involve actual physical or sexual contact with the victim,
519including, but not limited to, sadomasochistic abuse, sexual
520bestiality, or the simulation of any act involving sexual
521activity
522
523live over a computer online service, Internet service, or local
524bulletin board service and who knows or should know or has
525reason to believe that the transmission is viewed on a computer
526or television monitor by a victim in this state who is less than
52716 years of age, commits lewd or lascivious exhibition in
528violation of this subsection. The fact that an undercover
529operative or law enforcement officer was involved in the
530detection and investigation of an offense under this subsection
531shall not constitute a defense to a prosecution under this
532subsection.
533     (7)  STATE CRIMINAL JURISDICTION.--A person is subject to
534prosecution in this state pursuant to chapter 910 for any
535conduct proscribed by this section which the person engages in,
536while either within or outside this state, if by such conduct
537the person commits a violation of this section involving a child
538residing in this state, a child's guardian, or another person
539believed by the person to be a child or a child's guardian
540residing in this state.
541     Section 8.  Subsections (2) and (3) of section 847.0138,
542Florida Statutes, are amended to read:
543     847.0138  Transmission of material harmful to minors to a
544minor by electronic device or equipment prohibited; penalties.--
545     (2)  Notwithstanding ss. 847.012 and 847.0133, any person
546in this state who knew or believed that he or she was
547transmitting an image, information, or data that is harmful to
548minors, as defined in s. 847.001, to a specific individual known
549by the defendant to be a minor in this state commits a felony of
550the third degree, punishable as provided in s. 775.082, s.
551775.083, or s. 775.084.
552     (3)  Notwithstanding ss. 847.012 and 847.0133, any person
553in any jurisdiction other than this state who knew or believed
554that he or she was transmitting an image, information, or data
555that is harmful to minors, as defined in s. 847.001, to a
556specific individual known by the defendant to be a minor in this
557state commits a felony of the third degree, punishable as
558provided in s. 775.082, s. 775.083, or s. 775.084.
559
560The provisions of this section do not apply to subscription-
561based transmissions such as list servers.
562     Section 9.  This act shall take effect July 1, 2009.


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