Florida Senate - 2024 CS for SB 1604
By the Committee on Criminal Justice; and Senator Book
591-02968-24 20241604c1
1 A bill to be entitled
2 An act relating to digital voyeurism; amending s.
3 810.145, F.S.; providing definitions; redesignating
4 the offense of “video voyeurism” as “digital
5 voyeurism”; revising the elements of the offense;
6 providing criminal penalties; providing reduced
7 criminal penalties for certain violations by persons
8 who are under 19 years of age; redesignating the
9 offense of “video voyeurism dissemination” as “digital
10 voyeurism dissemination”; revising the elements of the
11 offense; providing criminal penalties; specifying that
12 each instance of certain violations is a separate
13 offense; providing for reclassification of certain
14 violations by certain persons; amending s. 921.0022,
15 F.S.; ranking offenses on the offense severity ranking
16 chart of the Criminal Punishment Code; amending ss.
17 397.417, 435.04, 456.074, 775.15, 943.0584, and
18 1012.315, F.S.; conforming provisions to changes made
19 by the act; providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 810.145, Florida Statutes, is amended to
24 read:
25 810.145 Digital Video voyeurism.—
26 (1) As used in this section, the term:
27 (a) “Broadcast” means electronically transmitting a visual
28 image or visual recording with the intent that it be viewed by
29 another person.
30 (b) “Family or household member” has the same meaning as in
31 s. 741.28.
32 (c)(b) “Imaging device” means any mechanical, digital, or
33 electronic viewing device; still camera; camcorder; motion
34 picture camera; or any other instrument, equipment, or format
35 capable of recording, storing, or transmitting visual images of
36 another person.
37 (d) “Position of authority or trust” means a position
38 occupied by a person 18 years of age or older who is a relative,
39 caregiver, coach, employer, or other person who, by reason of
40 his or her relationship with the victim, is able to exercise
41 undue influence over him or her or exploit his or her trust.
42 (e)(d) “Privately exposing the body” means exposing a
43 sexual organ.
44 (f)(c) “Place and time when a person has a Reasonable
45 expectation of privacy” means circumstances under which a place
46 and time when a reasonable person would believe that he or she
47 could fully disrobe in privacy, without being concerned that the
48 person’s undressing was being viewed, recorded, or broadcasted
49 by another, including, but not limited to, the interior of a
50 residential dwelling, bathroom, changing room, fitting room,
51 dressing room, or tanning booth.
52 (2)(a) A person commits the offense of digital video
53 voyeurism if that person:
54 1.(a) For his or her own amusement, entertainment, sexual
55 arousal, gratification, or profit, or for the purpose of
56 degrading, exploiting, or abusing another person, intentionally
57 uses or installs an imaging device to secretly view, broadcast,
58 or record a person, without that person’s knowledge and consent,
59 who is dressing, undressing, or privately exposing the body, at
60 a place and time when that person has a reasonable expectation
61 of privacy;
62 2.(b) For the amusement, entertainment, sexual arousal,
63 gratification, or profit of another, or on behalf of another,
64 intentionally permits the use or installation of an imaging
65 device to secretly view, broadcast, or record a person, without
66 that person’s knowledge and consent, who is dressing,
67 undressing, or privately exposing the body, at a place and time
68 when that person has a reasonable expectation of privacy; or
69 3.(c) For the amusement, entertainment, sexual arousal,
70 gratification, or profit of oneself or another, or on behalf of
71 oneself or another, intentionally uses an imaging device to
72 secretly view, broadcast, or record under or through the
73 clothing being worn by another person, without that person’s
74 knowledge and consent, for the purpose of viewing the body of,
75 or the undergarments worn by, that person.
76 (b) A person who is under 19 years of age and who violates
77 this subsection commits a misdemeanor of the first degree,
78 punishable as provided in s. 775.082 or s. 775.083.
79 (c) A person who is 19 years of age or older and who
80 violates this subsection commits a felony of the third degree,
81 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
82 (3)(a) A person commits the offense of digital video
83 voyeurism dissemination if that person, knowing or having reason
84 to believe that an image or recording was created in a manner
85 described in subsection (2) this section, intentionally
86 disseminates, distributes, or transfers the image or recording
87 to another person for the purpose of the amusement,
88 entertainment, sexual arousal, or gratification of any person,
89 or profit, or for the purpose of degrading, exploiting, or
90 abusing another person.
91 (b) A person who violates this subsection commits a felony
92 of the third degree, punishable as provided in s. 775.082, s.
93 775.083, or s. 775.084.
94 (4) A person commits the offense of commercial digital
95 video voyeurism dissemination if that person:
96 (a) Knowing or having reason to believe that an image or
97 recording was created in a manner described in subsection (2)
98 this section, sells the image or recording for consideration to
99 another person; or
100 (b) Having created the image or recording in a manner
101 described in subsection (2) this section, disseminates,
102 distributes, or transfers the image or recording to another
103 person for that person to sell the image or recording to others.
104 (c) A person who violates this subsection commits a felony
105 of the third degree, punishable as provided in s. 775.082, s.
106 775.083, or s. 775.084.
107 (5) This section does not apply to any:
108 (a) Law enforcement agency conducting surveillance for a
109 law enforcement purpose;
110 (b) Security system when a written notice is conspicuously
111 posted on the premises stating that a video surveillance system
112 has been installed for the purpose of security for the premises;
113 (c) Video surveillance device that is installed in such a
114 manner that the presence of the device is clearly and
115 immediately obvious; or
116 (d) Dissemination, distribution, or transfer of images or
117 recordings subject to this section by a provider of an
118 electronic communication service as defined in 18 U.S.C. s.
119 2510(15), or a provider of a remote computing service as defined
120 in 18 U.S.C. s. 2711(2). For purposes of this section, the
121 exceptions to the definition of “electronic communication” set
122 forth in 18 U.S.C. s. 2510(12)(a), (b), (c), and (d) do not
123 apply, but are included within the definition of the term.
124 (6) Each instance of the viewing, broadcasting, recording,
125 disseminating, distributing, or transferring of an image or
126 recording made in violation of subsection (2) is a separate
127 offense for which a separate penalty is authorized. Except as
128 provided in subsections (7) and (8):
129 (a) A person who is under 19 years of age and who violates
130 this section commits a misdemeanor of the first degree,
131 punishable as provided in s. 775.082 or s. 775.083.
132 (b) A person who is 19 years of age or older and who
133 violates this section commits a felony of the third degree,
134 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
135 (7)(a) A person who violates this section and who has
136 previously been convicted of or adjudicated delinquent for any
137 violation of this section commits a felony of the second degree,
138 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
139 (b) If a person who is 19 years or age or older commits a
140 violation of this section and is a family or household member of
141 the victim or holds a position of authority or trust with the
142 victim, the court shall reclassify the felony to the next higher
143 degree as follows:
144 1. A felony of the third degree is reclassified as a felony
145 of the second degree.
146 2. A felony of the second degree is reclassified as a
147 felony of the first degree.
148
149 For purposes of sentencing under chapter 921 and incentive gain
150 time eligibility under chapter 944, a felony that is
151 reclassified under this subsection is ranked one level above the
152 ranking under s. 921.0022 of the felony offense committed.
153 (8)(a) A person who is:
154 1. Eighteen years of age or older who is responsible for
155 the welfare of a child younger than 16 years of age, regardless
156 of whether the person knows or has reason to know the age of the
157 child, and who commits an offense under this section against
158 that child;
159 2. Eighteen years of age or older who is employed at a
160 private school as defined in s. 1002.01; a school as defined in
161 s. 1003.01; or a voluntary prekindergarten education program as
162 described in s. 1002.53(3)(a), (b), or (c) and who commits an
163 offense under this section against a student of the private
164 school, school, or voluntary prekindergarten education program;
165 or
166 3. Twenty-four years of age or older who commits an offense
167 under this section against a child younger than 16 years of age,
168 regardless of whether the person knows or has reason to know the
169 age of the child
170
171 commits a felony of the second degree, punishable as provided in
172 s. 775.082, s. 775.083, or s. 775.084.
173 (b) A person who violates this subsection and who has
174 previously been convicted of or adjudicated delinquent for any
175 violation of this section commits a felony of the second degree,
176 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
177 (9) For purposes of this section, a person has previously
178 been convicted of or adjudicated delinquent for a violation of
179 this section if the violation resulted in a conviction that was
180 sentenced separately, or an adjudication of delinquency entered
181 separately, before prior to the current offense.
182 Section 2. Paragraphs (c), (d), (e), and (f) of subsection
183 (3) of section 921.0022, Florida Statutes, are amended to read:
184 921.0022 Criminal Punishment Code; offense severity ranking
185 chart.—
186 (3) OFFENSE SEVERITY RANKING CHART
187 (c) LEVEL 3
188
189 FloridaStatute FelonyDegree Description
190 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
191 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
192 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
193 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
194 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
195 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
196 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
197 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
198 327.35(2)(b) 3rd Felony BUI.
199 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
200 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
201 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
202 379.2431 (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.
203 379.2431 (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.
204 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
205 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
206 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
207 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
208 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
209 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
210 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
211 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
212 697.08 3rd Equity skimming.
213 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
214 794.053 3rd Lewd or lascivious written solicitation of a person 16 or 17 years of age by a person 24 years of age or older.
215 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
216 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
217 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
218 810.145(2)(c) 3rd Digital voyeurism; 19 years of age or older.
219 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
220 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
221 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
222 812.081(2) 3rd Theft of a trade secret.
223 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
224 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
225 817.233 3rd Burning to defraud insurer.
226 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
227 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
228 817.236 3rd Filing a false motor vehicle insurance application.
229 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
230 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
231 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
232 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
233 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
234 836.13(2) 3rd Person who promotes an altered sexual depiction of an identifiable person without consent.
235 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
236 860.15(3) 3rd Overcharging for repairs and parts.
237 870.01(2) 3rd Riot.
238 870.01(4) 3rd Inciting a riot.
239 893.13(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).
240 893.13(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.
241 893.13(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.
242 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
243 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
244 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
245 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
246 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
247 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
248 893.13(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.
249 893.13(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.
250 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
251 893.13(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.
252 918.13(1) 3rd Tampering with or fabricating physical evidence.
253 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
254 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
255 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
256
257 (d) LEVEL 4
258
259 FloridaStatute FelonyDegree Description
260 316.1935(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.
261 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
262 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
263 517.07(1) 3rd Failure to register securities.
264 517.12(1) 3rd Failure of dealer or associated person of a dealer of securities to register.
265 784.031 3rd Battery by strangulation.
266 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
267 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
268 784.075 3rd Battery on detention or commitment facility staff.
269 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
270 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
271 784.081(3) 3rd Battery on specified official or employee.
272 784.082(3) 3rd Battery by detained person on visitor or other detainee.
273 784.083(3) 3rd Battery on code inspector.
274 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
275 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
276 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
277 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
278 787.07 3rd Human smuggling.
279 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
280 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
281 790.115(2)(c) 3rd Possessing firearm on school property.
282 794.051(1) 3rd Indecent, lewd, or lascivious touching of certain minors.
283 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
284 806.135 2nd Destroying or demolishing a memorial or historic property.
285 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
286 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
287 810.06 3rd Burglary; possession of tools.
288 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
289 810.145(3)(b) 3rd Digital voyeurism dissemination.
290 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
291 812.014 (2)(c)4. & 6.-10. 3rd Grand theft, 3rd degree; specified items.
292 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
293 817.505(4)(a) 3rd Patient brokering.
294 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
295 817.568(2)(a) 3rd Fraudulent use of personal identification information.
296 817.5695(3)(c) 3rd Exploitation of person 65 years of age or older, value less than $10,000.
297 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
298 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
299 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
300 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it.
301 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose.
302 837.02(1) 3rd Perjury in official proceedings.
303 837.021(1) 3rd Make contradictory statements in official proceedings.
304 838.022 3rd Official misconduct.
305 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
306 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
307 843.021 3rd Possession of a concealed handcuff key by a person in custody.
308 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
309 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
310 843.19(2) 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
311 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
312 870.01(3) 2nd Aggravated rioting.
313 870.01(5) 2nd Aggravated inciting a riot.
314 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
315 893.13(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).
316 914.14(2) 3rd Witnesses accepting bribes.
317 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
318 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
319 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
320 918.12 3rd Tampering with jurors.
321 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
322 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
323 951.22(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.
324
325 (e) LEVEL 5
326
327 FloridaStatute FelonyDegree Description
328 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
329 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
330 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
331 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
332 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
333 379.365(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.
334 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
335 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
336 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
337 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
338 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
339 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
340 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
341 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
342 790.01(3) 3rd Unlawful carrying of a concealed firearm.
343 790.162 2nd Threat to throw or discharge destructive device.
344 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
345 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
346 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
347 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
348 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
349 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
350 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
351 810.145(4)(c) 3rd Commercial digital voyeurism dissemination.
352 810.145(7)(a) 2nd Digital voyeurism; 2nd or subsequent offense.
353 810.145(8)(a) 2nd Digital voyeurism; certain minor victims.
354 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
355 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
356 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
357 812.019(1) 2nd Stolen property; dealing in or trafficking in.
358 812.081(3) 2nd Trafficking in trade secrets.
359 812.131(2)(b) 3rd Robbery by sudden snatching.
360 812.16(2) 3rd Owning, operating, or conducting a chop shop.
361 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
362 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
363 817.2341(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.
364 817.568(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.
365 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
366 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
367 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
368 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
369 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
370 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
371 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
372 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
373 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.
374 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
375 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
376 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
377 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
378 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
379 893.13(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).
380 893.13(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.
381 893.13(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.
382 893.13(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.
383 893.13(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.
384 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
385 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
386
387 (f) LEVEL 6
388
389 FloridaStatute FelonyDegree Description
390 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
391 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
392 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
393 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
394 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
395 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
396 775.0875(1) 3rd Taking firearm from law enforcement officer.
397 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
398 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
399 784.041 3rd Felony battery; domestic battery by strangulation.
400 784.048(3) 3rd Aggravated stalking; credible threat.
401 784.048(5) 3rd Aggravated stalking of person under 16.
402 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
403 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
404 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
405 784.081(2) 2nd Aggravated assault on specified official or employee.
406 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
407 784.083(2) 2nd Aggravated assault on code inspector.
408 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
409 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
410 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
411 790.164(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.
412 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
413 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
414 794.05(1) 2nd Unlawful sexual activity with specified minor.
415 800.04(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.
416 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
417 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
418 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
419 810.145(8)(b) 2nd Digital Video voyeurism; certain minor victims; 2nd or subsequent offense.
420 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
421 812.014(2)(c)5. 3rd Grand theft; third degree; firearm.
422 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
423 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
424 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
425 812.015(9)(d) 2nd Retail theft; multiple thefts within specified period.
426 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
427 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
428 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death.
429 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
430 817.5695(3)(b) 2nd Exploitation of person 65 years of age or older, value $10,000 or more, but less than $50,000.
431 825.102(1) 3rd Abuse of an elderly person or disabled adult.
432 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
433 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
434 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
435 827.03(2)(c) 3rd Abuse of a child.
436 827.03(2)(d) 3rd Neglect of a child.
437 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
438 828.126(3) 3rd Sexual activities involving animals.
439 836.05 2nd Threats; extortion.
440 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
441 843.12 3rd Aids or assists person to escape.
442 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
443 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
444 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
445 893.131 2nd Distribution of controlled substances resulting in overdose or serious bodily injury.
446 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
447 918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a capital felony.
448 944.35(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.
449 944.40 2nd Escapes.
450 944.46 3rd Harboring, concealing, aiding escaped prisoners.
451 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
452 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
453
454 Section 3. Paragraph (e) of subsection (4) of section
455 397.417, Florida Statutes, is amended to read:
456 397.417 Peer specialists.—
457 (4) BACKGROUND SCREENING.—
458 (e) The background screening conducted under this
459 subsection must ensure that a peer specialist has not been
460 arrested for and is awaiting final disposition of, found guilty
461 of, regardless of adjudication, or entered a plea of nolo
462 contendere or guilty to, or been adjudicated delinquent and the
463 record has not been sealed or expunged for, any offense
464 prohibited under any of the following state laws or similar laws
465 of another jurisdiction:
466 1. Section 393.135, relating to sexual misconduct with
467 certain developmentally disabled clients and reporting of such
468 sexual misconduct.
469 2. Section 394.4593, relating to sexual misconduct with
470 certain mental health patients and reporting of such sexual
471 misconduct.
472 3. Section 409.920, relating to Medicaid provider fraud, if
473 the offense was a felony of the first or second degree.
474 4. Section 415.111, relating to abuse, neglect, or
475 exploitation of vulnerable adults.
476 5. Any offense that constitutes domestic violence as
477 defined in s. 741.28.
478 6. Section 777.04, relating to attempts, solicitation, and
479 conspiracy to commit an offense listed in this paragraph.
480 7. Section 782.04, relating to murder.
481 8. Section 782.07, relating to manslaughter; aggravated
482 manslaughter of an elderly person or a disabled adult;
483 aggravated manslaughter of a child; or aggravated manslaughter
484 of an officer, a firefighter, an emergency medical technician,
485 or a paramedic.
486 9. Section 782.071, relating to vehicular homicide.
487 10. Section 782.09, relating to killing an unborn child by
488 injury to the mother.
489 11. Chapter 784, relating to assault, battery, and culpable
490 negligence, if the offense was a felony.
491 12. Section 787.01, relating to kidnapping.
492 13. Section 787.02, relating to false imprisonment.
493 14. Section 787.025, relating to luring or enticing a
494 child.
495 15. Section 787.04(2), relating to leading, taking,
496 enticing, or removing a minor beyond state limits, or concealing
497 the location of a minor, with criminal intent pending custody
498 proceedings.
499 16. Section 787.04(3), relating to leading, taking,
500 enticing, or removing a minor beyond state limits, or concealing
501 the location of a minor, with criminal intent pending dependency
502 proceedings or proceedings concerning alleged abuse or neglect
503 of a minor.
504 17. Section 790.115(1), relating to exhibiting firearms or
505 weapons within 1,000 feet of a school.
506 18. Section 790.115(2)(b), relating to possessing an
507 electric weapon or device, a destructive device, or any other
508 weapon on school property.
509 19. Section 794.011, relating to sexual battery.
510 20. Former s. 794.041, relating to prohibited acts of
511 persons in familial or custodial authority.
512 21. Section 794.05, relating to unlawful sexual activity
513 with certain minors.
514 22. Section 794.08, relating to female genital mutilation.
515 23. Section 796.07, relating to procuring another to commit
516 prostitution, except for those offenses expunged pursuant to s.
517 943.0583.
518 24. Section 798.02, relating to lewd and lascivious
519 behavior.
520 25. Chapter 800, relating to lewdness and indecent
521 exposure.
522 26. Section 806.01, relating to arson.
523 27. Section 810.02, relating to burglary, if the offense
524 was a felony of the first degree.
525 28. Section 810.14, relating to voyeurism, if the offense
526 was a felony.
527 29. Section 810.145, relating to digital video voyeurism,
528 if the offense was a felony.
529 30. Section 812.13, relating to robbery.
530 31. Section 812.131, relating to robbery by sudden
531 snatching.
532 32. Section 812.133, relating to carjacking.
533 33. Section 812.135, relating to home-invasion robbery.
534 34. Section 817.034, relating to communications fraud, if
535 the offense was a felony of the first degree.
536 35. Section 817.234, relating to false and fraudulent
537 insurance claims, if the offense was a felony of the first or
538 second degree.
539 36. Section 817.50, relating to fraudulently obtaining
540 goods or services from a health care provider and false reports
541 of a communicable disease.
542 37. Section 817.505, relating to patient brokering.
543 38. Section 817.568, relating to fraudulent use of personal
544 identification, if the offense was a felony of the first or
545 second degree.
546 39. Section 825.102, relating to abuse, aggravated abuse,
547 or neglect of an elderly person or a disabled adult.
548 40. Section 825.1025, relating to lewd or lascivious
549 offenses committed upon or in the presence of an elderly person
550 or a disabled person.
551 41. Section 825.103, relating to exploitation of an elderly
552 person or a disabled adult, if the offense was a felony.
553 42. Section 826.04, relating to incest.
554 43. Section 827.03, relating to child abuse, aggravated
555 child abuse, or neglect of a child.
556 44. Section 827.04, relating to contributing to the
557 delinquency or dependency of a child.
558 45. Former s. 827.05, relating to negligent treatment of
559 children.
560 46. Section 827.071, relating to sexual performance by a
561 child.
562 47. Section 831.30, relating to fraud in obtaining
563 medicinal drugs.
564 48. Section 831.31, relating to the sale; manufacture;
565 delivery; or possession with intent to sell, manufacture, or
566 deliver of any counterfeit controlled substance, if the offense
567 was a felony.
568 49. Section 843.01, relating to resisting arrest with
569 violence.
570 50. Section 843.025, relating to depriving a law
571 enforcement, correctional, or correctional probation officer of
572 the means of protection or communication.
573 51. Section 843.12, relating to aiding in an escape.
574 52. Section 843.13, relating to aiding in the escape of
575 juvenile inmates of correctional institutions.
576 53. Chapter 847, relating to obscenity.
577 54. Section 874.05, relating to encouraging or recruiting
578 another to join a criminal gang.
579 55. Chapter 893, relating to drug abuse prevention and
580 control, if the offense was a felony of the second degree or
581 greater severity.
582 56. Section 895.03, relating to racketeering and collection
583 of unlawful debts.
584 57. Section 896.101, relating to the Florida Money
585 Laundering Act.
586 58. Section 916.1075, relating to sexual misconduct with
587 certain forensic clients and reporting of such sexual
588 misconduct.
589 59. Section 944.35(3), relating to inflicting cruel or
590 inhuman treatment on an inmate resulting in great bodily harm.
591 60. Section 944.40, relating to escape.
592 61. Section 944.46, relating to harboring, concealing, or
593 aiding an escaped prisoner.
594 62. Section 944.47, relating to introduction of contraband
595 into a correctional institution.
596 63. Section 985.701, relating to sexual misconduct in
597 juvenile justice programs.
598 64. Section 985.711, relating to introduction of contraband
599 into a detention facility.
600 Section 4. Paragraph (ff) of subsection (2) of section
601 435.04, Florida Statutes, as amended by section 2 of chapter
602 2023-220, Laws of Florida, is amended to read:
603 435.04 Level 2 screening standards.—
604 (2) The security background investigations under this
605 section must ensure that persons subject to this section have
606 not been arrested for and are awaiting final disposition of,
607 have not been found guilty of, regardless of adjudication, or
608 entered a plea of nolo contendere or guilty to, or have not been
609 adjudicated delinquent and the record has not been sealed or
610 expunged for, any offense prohibited under any of the following
611 provisions of state law or similar law of another jurisdiction:
612 (ff) Section 810.145, relating to digital video voyeurism,
613 if the offense is a felony.
614 Section 5. Paragraph (s) of subsection (5) of section
615 456.074, Florida Statutes, is amended to read:
616 456.074 Certain health care practitioners; immediate
617 suspension of license.—
618 (5) The department shall issue an emergency order
619 suspending the license of any health care practitioner who is
620 arrested for committing or attempting, soliciting, or conspiring
621 to commit any act that would constitute a violation of any of
622 the following criminal offenses in this state or similar
623 offenses in another jurisdiction:
624 (s) Section 810.145(8), relating to digital video voyeurism
625 of a minor.
626 Section 6. Subsection (17) of section 775.15, Florida
627 Statutes, is amended to read:
628 775.15 Time limitations; general time limitations;
629 exceptions.—
630 (17) In addition to the time periods prescribed in this
631 section, a prosecution for digital video voyeurism in violation
632 of s. 810.145 may be commenced within 1 year after the date on
633 which the victim of digital video voyeurism obtains actual
634 knowledge of the existence of such a recording or the date on
635 which the recording is confiscated by a law enforcement agency,
636 whichever occurs first. Any dissemination of such a recording
637 before the victim obtains actual knowledge thereof or before its
638 confiscation by a law enforcement agency does not affect any
639 provision of this subsection.
640 Section 7. Paragraph (r) of subsection (2) of section
641 943.0584, Florida Statutes, is amended to read:
642 943.0584 Criminal history records ineligible for court
643 ordered expunction or court-ordered sealing.—
644 (2) A criminal history record is ineligible for a
645 certificate of eligibility for expunction or a court-ordered
646 expunction pursuant to s. 943.0585 or a certificate of
647 eligibility for sealing or a court-ordered sealing pursuant to
648 s. 943.059 if the record is a conviction for any of the
649 following offenses:
650 (r) Voyeurism or digital video voyeurism, as defined in ss.
651 810.14 and 810.145, respectively;
652 Section 8. Paragraph (y) of subsection (1) of section
653 1012.315, Florida Statutes, is amended to read:
654 1012.315 Screening standards.—A person is ineligible for
655 educator certification or employment in any position that
656 requires direct contact with students in a district school
657 system, a charter school, or a private school that participates
658 in a state scholarship program under chapter 1002 if the person
659 is on the disqualification list maintained by the department
660 pursuant to s. 1001.10(4)(b), is registered as a sex offender as
661 described in 42 U.S.C. s. 9858f(c)(1)(C), would be ineligible
662 for an exemption under s. 435.07(4)(c), or has been convicted or
663 found guilty of, has had adjudication withheld for, or has pled
664 guilty or nolo contendere to:
665 (1) Any felony offense prohibited under any of the
666 following statutes:
667 (y) Section 810.145, relating to digital video voyeurism.
668 Section 9. This act shall take effect October 1, 2024.