SENATE AMENDMENT

    Bill No. CS for SB's 1284, 1476, 1528 & 1616

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Geller moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 13, line 19, through page 14, line 18, delete

15  those lines

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17  and insert:

18         (15)  "Transmit" means to send an electronic mail

19  communication to a specified electronic mail address or

20  addresses.

21         Section 9.  Section 847.0137, Florida Statutes, is

22  created to read:

23         847.0137  Transmission of pornography by means of the

24  Internet prohibited; penalties.--

25         (1)  For purposes of this section, the term "minor"

26  means any person less than 18 years of age.

27         (2)  Notwithstanding ss. 847.012 and 847.0133, any

28  person in this state who knew or believed under the

29  circumstances that he or she was transmitting, by means of the

30  Internet:

31         (a)  Child pornography, as defined in s. 847.001, to

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1284, 1476, 1528 & 1616

    Amendment No.    





 1  another person in this state or in another jurisdiction; or

 2         (b)  An image harmful to minors, as defined in s.

 3  847.001, to a minor, or a person believed to be a minor, in

 4  this state

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 6  commits a felony of the third degree, punishable as provided

 7  in s. 775.082, s. 775.083, or s. 775.084.

 8         (3)  Notwithstanding ss. 847.012 and 847.0133, any

 9  person in any jurisdiction other than this state who knew or

10  believed under the circumstances that he or she was

11  transmitting, by means of the Internet:

12         (a)  Child pornography, as defined in s. 847.001, to

13  any person in this state; or

14         (b)  An image harmful to minors, as defined in s.

15  847.001, to a minor, or a person believed to be a minor, in

16  this state

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18  commits a felony of the third degree, punishable as provided

19  in s. 775.082, s. 775.083, or s. 775.084.

20         (4)  This section shall not apply to subscription-based

21  transmissions such as list servers.

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23  (Redesignate subsequent subsection.)

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26  ================ T I T L E   A M E N D M E N T ===============

27  And the title is amended as follows:

28         On page 2, line 2, after the first semicolon,

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30  insert:

31         defining the term "transmit";

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