House Bill hb0811

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    Florida House of Representatives - 2001                 HB 811

        By Representative Clarke






  1                      A bill to be entitled

  2         An act relating to criminal history records;

  3         amending ss. 943.0585 and 943.059, F.S.;

  4         prohibiting a court from expunging or sealing

  5         the criminal history record of a person who has

  6         been found guilty of or pled guilty or nolo

  7         contendere to distributing or showing obscene

  8         material to a minor or who has been found

  9         guilty of or pled guilty or nolo contendere to

10         certain activities involving computer

11         pornography; providing an effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  Section 943.0585, Florida Statutes, is

16  amended to read:

17         943.0585  Court-ordered expunction of criminal history

18  records.--The courts of this state have jurisdiction over

19  their own procedures, including the maintenance, expunction,

20  and correction of judicial records containing criminal history

21  information to the extent such procedures are not inconsistent

22  with the conditions, responsibilities, and duties established

23  by this section.  Any court of competent jurisdiction may

24  order a criminal justice agency to expunge the criminal

25  history record of a minor or an adult who complies with the

26  requirements of this section.  The court shall not order a

27  criminal justice agency to expunge a criminal history record

28  until the person seeking to expunge a criminal history record

29  has applied for and received a certificate of eligibility for

30  expunction pursuant to subsection (2).  A criminal history

31  record that relates to a violation of chapter 794, s. 800.04,

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  1  s. 817.034, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,

  2  s. 893.135, or a violation enumerated in s. 907.041 may not be

  3  expunged, without regard to whether adjudication was withheld,

  4  if the defendant was found guilty of or pled guilty or nolo

  5  contendere to the offense, or if the defendant, as a minor,

  6  was found to have committed, or pled guilty or nolo contendere

  7  to committing, the offense as a delinquent act. The court may

  8  only order expunction of a criminal history record pertaining

  9  to one arrest or one incident of alleged criminal activity,

10  except as provided in this section. The court may, at its sole

11  discretion, order the expunction of a criminal history record

12  pertaining to more than one arrest if the additional arrests

13  directly relate to the original arrest. If the court intends

14  to order the expunction of records pertaining to such

15  additional arrests, such intent must be specified in the

16  order. A criminal justice agency may not expunge any record

17  pertaining to such additional arrests if the order to expunge

18  does not articulate the intention of the court to expunge a

19  record pertaining to more than one arrest. This section does

20  not prevent the court from ordering the expunction of only a

21  portion of a criminal history record pertaining to one arrest

22  or one incident of alleged criminal activity.  Notwithstanding

23  any law to the contrary, a criminal justice agency may comply

24  with laws, court orders, and official requests of other

25  jurisdictions relating to expunction, correction, or

26  confidential handling of criminal history records or

27  information derived therefrom.  This section does not confer

28  any right to the expunction of any criminal history record,

29  and any request for expunction of a criminal history record

30  may be denied at the sole discretion of the court.

31

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  1         (1)  PETITION TO EXPUNGE A CRIMINAL HISTORY

  2  RECORD.--Each petition to a court to expunge a criminal

  3  history record is complete only when accompanied by:

  4         (a)  A certificate of eligibility for expunction issued

  5  by the department pursuant to subsection (2).

  6         (b)  The petitioner's sworn statement attesting that

  7  the petitioner:

  8         1.  Has never, prior to the date on which the petition

  9  is filed, been adjudicated guilty of a criminal offense or

10  comparable ordinance violation or adjudicated delinquent for

11  committing a felony or a misdemeanor specified in s.

12  943.051(3)(b).

13         2.  Has not been adjudicated guilty of, or adjudicated

14  delinquent for committing, any of the acts stemming from the

15  arrest or alleged criminal activity to which the petition

16  pertains.

17         3.  Has never secured a prior sealing or expunction of

18  a criminal history record under this section, former s.

19  893.14, former s. 901.33, or former s. 943.058, or from any

20  jurisdiction outside the state.

21         4.  Is eligible for such an expunction to the best of

22  his or her knowledge or belief and does not have any other

23  petition to expunge or any petition to seal pending before any

24  court.

25

26  Any person who knowingly provides false information on such

27  sworn statement to the court commits a felony of the third

28  degree, punishable as provided in s. 775.082, s. 775.083, or

29  s. 775.084.

30         (2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior

31  to petitioning the court to expunge a criminal history record,

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  1  a person seeking to expunge a criminal history record shall

  2  apply to the department for a certificate of eligibility for

  3  expunction. The department shall, by rule adopted pursuant to

  4  chapter 120, establish procedures pertaining to the

  5  application for and issuance of certificates of eligibility

  6  for expunction. The department shall issue a certificate of

  7  eligibility for expunction to a person who is the subject of a

  8  criminal history record if that person:

  9         (a)  Has obtained, and submitted to the department, a

10  written, certified statement from the appropriate state

11  attorney or statewide prosecutor which indicates:

12         1.  That an indictment, information, or other charging

13  document was not filed or issued in the case.

14         2.  That an indictment, information, or other charging

15  document, if filed or issued in the case, was dismissed or

16  nolle prosequi by the state attorney or statewide prosecutor,

17  or was dismissed by a court of competent jurisdiction.

18         3.  That the criminal history record does not relate to

19  a violation of chapter 794, s. 800.04, s. 817.034, s. 827.071,

20  chapter 839, s. 847.0133, s. 847.0135, s. 893.135, or a

21  violation enumerated in s. 907.041, where the defendant was

22  found guilty of, or pled guilty or nolo contendere to any such

23  offense, or that the defendant, as a minor, was found to have

24  committed, or pled guilty or nolo contendere to committing,

25  such an offense as a delinquent act, without regard to whether

26  adjudication was withheld.

27         (b)  Remits a $75 processing fee to the department for

28  placement in the Department of Law Enforcement Operating Trust

29  Fund, unless such fee is waived by the executive director.

30

31

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  1         (c)  Has submitted to the department a certified copy

  2  of the disposition of the charge to which the petition to

  3  expunge pertains.

  4         (d)  Has never, prior to the date on which the

  5  application for a certificate of eligibility is filed, been

  6  adjudicated guilty of a criminal offense or comparable

  7  ordinance violation or adjudicated delinquent for committing a

  8  felony or a misdemeanor specified in s. 943.051(3)(b).

  9         (e)  Has not been adjudicated guilty of, or adjudicated

10  delinquent for committing, any of the acts stemming from the

11  arrest or alleged criminal activity to which the petition to

12  expunge pertains.

13         (f)  Has never secured a prior sealing or expunction of

14  a criminal history record under this section, former s.

15  893.14, former s. 901.33, or former s. 943.058.

16         (g)  Is no longer under court supervision applicable to

17  the disposition of the arrest or alleged criminal activity to

18  which the petition to expunge pertains.

19         (h)  Is not required to wait a minimum of 10 years

20  prior to being eligible for an expunction of such records

21  because all charges related to the arrest or criminal activity

22  to which the petition to expunge pertains were dismissed prior

23  to trial, adjudication, or the withholding of adjudication.

24  Otherwise, such criminal history record must be sealed under

25  this section, former s. 893.14, former s. 901.33, or former s.

26  943.058 for at least 10 years before such record is eligible

27  for expunction.

28         (3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--

29         (a)  In judicial proceedings under this section, a copy

30  of the completed petition to expunge shall be served upon the

31  appropriate state attorney or the statewide prosecutor and

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  1  upon the arresting agency; however, it is not necessary to

  2  make any agency other than the state a party. The appropriate

  3  state attorney or the statewide prosecutor and the arresting

  4  agency may respond to the court regarding the completed

  5  petition to expunge.

  6         (b)  If relief is granted by the court, the clerk of

  7  the court shall certify copies of the order to the appropriate

  8  state attorney or the statewide prosecutor and the arresting

  9  agency. The arresting agency is responsible for forwarding the

10  order to any other agency to which the arresting agency

11  disseminated the criminal history record information to which

12  the order pertains. The department shall forward the order to

13  expunge to the Federal Bureau of Investigation. The clerk of

14  the court shall certify a copy of the order to any other

15  agency which the records of the court reflect has received the

16  criminal history record from the court.

17         (c)  For an order to expunge entered by a court prior

18  to July 1, 1992, the department shall notify the appropriate

19  state attorney or statewide prosecutor of an order to expunge

20  which is contrary to law because the person who is the subject

21  of the record has previously been convicted of a crime or

22  comparable ordinance violation or has had a prior criminal

23  history record sealed or expunged. Upon receipt of such

24  notice, the appropriate state attorney or statewide prosecutor

25  shall take action, within 60 days, to correct the record and

26  petition the court to void the order to expunge. The

27  department shall seal the record until such time as the order

28  is voided by the court.

29         (d)  On or after July 1, 1992, the department or any

30  other criminal justice agency is not required to act on an

31  order to expunge entered by a court when such order does not

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  1  comply with the requirements of this section. Upon receipt of

  2  such an order, the department must notify the issuing court,

  3  the appropriate state attorney or statewide prosecutor, the

  4  petitioner or the petitioner's attorney, and the arresting

  5  agency of the reason for noncompliance. The appropriate state

  6  attorney or statewide prosecutor shall take action within 60

  7  days to correct the record and petition the court to void the

  8  order.  No cause of action, including contempt of court, shall

  9  arise against any criminal justice agency for failure to

10  comply with an order to expunge when the petitioner for such

11  order failed to obtain the certificate of eligibility as

12  required by this section or such order does not otherwise

13  comply with the requirements of this section.

14         (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

15  criminal history record of a minor or an adult which is

16  ordered expunged by a court of competent jurisdiction pursuant

17  to this section must be physically destroyed or obliterated by

18  any criminal justice agency having custody of such record;

19  except that any criminal history record in the custody of the

20  department must be retained in all cases. A criminal history

21  record ordered expunged that is retained by the department is

22  confidential and exempt from the provisions of s. 119.07(1)

23  and s. 24(a), Art. I of the State Constitution and not

24  available to any person or entity except upon order of a court

25  of competent jurisdiction. A criminal justice agency may

26  retain a notation indicating compliance with an order to

27  expunge.

28         (a)  The person who is the subject of a criminal

29  history record that is expunged under this section or under

30  other provisions of law, including former s. 893.14, former s.

31  901.33, and former s. 943.058, may lawfully deny or fail to

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  1  acknowledge the arrests covered by the expunged record, except

  2  when the subject of the record:

  3         1.  Is a candidate for employment with a criminal

  4  justice agency;

  5         2.  Is a defendant in a criminal prosecution;

  6         3.  Concurrently or subsequently petitions for relief

  7  under this section or s. 943.059;

  8         4.  Is a candidate for admission to The Florida Bar;

  9         5.  Is seeking to be employed or licensed by or to

10  contract with the Department of Children and Family Services

11  or the Department of Juvenile Justice or to be employed or

12  used by such contractor or licensee in a sensitive position

13  having direct contact with children, the developmentally

14  disabled, the aged, or the elderly as provided in s.

15  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

16  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

17  985.407, or chapter 400; or

18         6.  Is seeking to be employed or licensed by the Office

19  of Teacher Education, Certification, Staff Development, and

20  Professional Practices of the Department of Education, any

21  district school board, or any local governmental entity that

22  licenses child care facilities.

23         (b)  Subject to the exceptions in paragraph (a), a

24  person who has been granted an expunction under this section,

25  former s. 893.14, former s. 901.33, or former s. 943.058 may

26  not be held under any provision of law of this state to commit

27  perjury or to be otherwise liable for giving a false statement

28  by reason of such person's failure to recite or acknowledge an

29  expunged criminal history record.

30         (c)  Information relating to the existence of an

31  expunged criminal history record which is provided in

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  1  accordance with paragraph (a) is confidential and exempt from

  2  the provisions of s. 119.07(1) and s. 24(a), Art. I of the

  3  State Constitution, except that the department shall disclose

  4  the existence of a criminal history record ordered expunged to

  5  the entities set forth in subparagraphs (a)1., 4., 5., and 6.

  6  for their respective licensing and employment purposes, and to

  7  criminal justice agencies for their respective criminal

  8  justice purposes.  It is unlawful for any employee of an

  9  entity set forth in subparagraph (a)1., subparagraph (a)4.,

10  subparagraph (a)5., or subparagraph (a)6. to disclose

11  information relating to the existence of an expunged criminal

12  history record of a person seeking employment or licensure

13  with such entity or contractor, except to the person to whom

14  the criminal history record relates or to persons having

15  direct responsibility for employment or licensure decisions.

16  Any person who violates this paragraph commits a misdemeanor

17  of the first degree, punishable as provided in s. 775.082 or

18  s. 775.083.

19         (5)  STATUTORY REFERENCES.--Any reference to any other

20  chapter, section, or subdivision of the Florida Statutes in

21  this section constitutes a general reference under the

22  doctrine of incorporation by reference.

23         Section 2.  Section 943.059, Florida Statutes, is

24  amended to read:

25         943.059  Court-ordered sealing of criminal history

26  records.--The courts of this state shall continue to have

27  jurisdiction over their own procedures, including the

28  maintenance, sealing, and correction of judicial records

29  containing criminal history information to the extent such

30  procedures are not inconsistent with the conditions,

31  responsibilities, and duties established by this section.  Any

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  1  court of competent jurisdiction may order a criminal justice

  2  agency to seal the criminal history record of a minor or an

  3  adult who complies with the requirements of this section.  The

  4  court shall not order a criminal justice agency to seal a

  5  criminal history record until the person seeking to seal a

  6  criminal history record has applied for and received a

  7  certificate of eligibility for sealing pursuant to subsection

  8  (2).  A criminal history record that relates to a violation of

  9  chapter 794, s. 800.04, s. 817.034, s. 827.071, chapter 839,

10  s. 847.0133, s. 847.0135, s. 893.135, or a violation

11  enumerated in s. 907.041 may not be sealed, without regard to

12  whether adjudication was withheld, if the defendant was found

13  guilty of or pled guilty or nolo contendere to the offense, or

14  if the defendant, as a minor, was found to have committed or

15  pled guilty or nolo contendere to committing the offense as a

16  delinquent act.  The court may only order sealing of a

17  criminal history record pertaining to one arrest or one

18  incident of alleged criminal activity, except as provided in

19  this section. The court may, at its sole discretion, order the

20  sealing of a criminal history record pertaining to more than

21  one arrest if the additional arrests directly relate to the

22  original arrest.  If the court intends to order the sealing of

23  records pertaining to such additional arrests, such intent

24  must be specified in the order.  A criminal justice agency may

25  not seal any record pertaining to such additional arrests if

26  the order to seal does not articulate the intention of the

27  court to seal records pertaining to more than one arrest.

28  This section does not prevent the court from ordering the

29  sealing of only a portion of a criminal history record

30  pertaining to one arrest or one incident of alleged criminal

31  activity. Notwithstanding any law to the contrary, a criminal

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  1  justice agency may comply with laws, court orders, and

  2  official requests of other jurisdictions relating to sealing,

  3  correction, or confidential handling of criminal history

  4  records or information derived therefrom.  This section does

  5  not confer any right to the sealing of any criminal history

  6  record, and any request for sealing a criminal history record

  7  may be denied at the sole discretion of the court.

  8         (1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each

  9  petition to a court to seal a criminal history record is

10  complete only when accompanied by:

11         (a)  A certificate of eligibility for sealing issued by

12  the department pursuant to subsection (2).

13         (b)  The petitioner's sworn statement attesting that

14  the petitioner:

15         1.  Has never, prior to the date on which the petition

16  is filed, been adjudicated guilty of a criminal offense or

17  comparable ordinance violation or adjudicated delinquent for

18  committing a felony or a misdemeanor specified in s.

19  943.051(3)(b).

20         2.  Has not been adjudicated guilty of or adjudicated

21  delinquent for committing any of the acts stemming from the

22  arrest or alleged criminal activity to which the petition to

23  seal pertains.

24         3.  Has never secured a prior sealing or expunction of

25  a criminal history record under this section, former s.

26  893.14, former s. 901.33, former s. 943.058, or from any

27  jurisdiction outside the state.

28         4.  Is eligible for such a sealing to the best of his

29  or her knowledge or belief and does not have any other

30  petition to seal or any petition to expunge pending before any

31  court.

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  1

  2  Any person who knowingly provides false information on such

  3  sworn statement to the court commits a felony of the third

  4  degree, punishable as provided in s. 775.082, s. 775.083, or

  5  s. 775.084.

  6         (2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to

  7  petitioning the court to seal a criminal history record, a

  8  person seeking to seal a criminal history record shall apply

  9  to the department for a certificate of eligibility for

10  sealing.  The department shall, by rule adopted pursuant to

11  chapter 120, establish procedures pertaining to the

12  application for and issuance of certificates of eligibility

13  for sealing.  The department shall issue a certificate of

14  eligibility for sealing to a person who is the subject of a

15  criminal history record provided that such person:

16         (a)  Has submitted to the department a certified copy

17  of the disposition of the charge to which the petition to seal

18  pertains.

19         (b)  Remits a $75 processing fee to the department for

20  placement in the Department of Law Enforcement Operating Trust

21  Fund, unless such fee is waived by the executive director.

22         (c)  Has never, prior to the date on which the

23  application for a certificate of eligibility is filed, been

24  adjudicated guilty of a criminal offense or comparable

25  ordinance violation or adjudicated delinquent for committing a

26  felony or a misdemeanor specified in s. 943.051(3)(b).

27         (d)  Has not been adjudicated guilty of or adjudicated

28  delinquent for committing any of the acts stemming from the

29  arrest or alleged criminal activity to which the petition to

30  seal pertains.

31

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  1         (e)  Has never secured a prior sealing or expunction of

  2  a criminal history record under this section, former s.

  3  893.14, former s. 901.33, or former s. 943.058.

  4         (f)  Is no longer under court supervision applicable to

  5  the disposition of the arrest or alleged criminal activity to

  6  which the petition to seal pertains.

  7         (3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--

  8         (a)  In judicial proceedings under this section, a copy

  9  of the completed petition to seal shall be served upon the

10  appropriate state attorney or the statewide prosecutor and

11  upon the arresting agency; however, it is not necessary to

12  make any agency other than the state a party.  The appropriate

13  state attorney or the statewide prosecutor and the arresting

14  agency may respond to the court regarding the completed

15  petition to seal.

16         (b)  If relief is granted by the court, the clerk of

17  the court shall certify copies of the order to the appropriate

18  state attorney or the statewide prosecutor and to the

19  arresting agency. The arresting agency is responsible for

20  forwarding the order to any other agency to which the

21  arresting agency disseminated the criminal history record

22  information to which the order pertains. The department shall

23  forward the order to seal to the Federal Bureau of

24  Investigation. The clerk of the court shall certify a copy of

25  the order to any other agency which the records of the court

26  reflect has received the criminal history record from the

27  court.

28         (c)  For an order to seal entered by a court prior to

29  July 1, 1992, the department shall notify the appropriate

30  state attorney or statewide prosecutor of any order to seal

31  which is contrary to law because the person who is the subject

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  1  of the record has previously been convicted of a crime or

  2  comparable ordinance violation or has had a prior criminal

  3  history record sealed or expunged.  Upon receipt of such

  4  notice, the appropriate state attorney or statewide prosecutor

  5  shall take action, within 60 days, to correct the record and

  6  petition the court to void the order to seal.  The department

  7  shall seal the record until such time as the order is voided

  8  by the court.

  9         (d)  On or after July 1, 1992, the department or any

10  other criminal justice agency is not required to act on an

11  order to seal entered by a court when such order does not

12  comply with the requirements of this section.  Upon receipt of

13  such an order, the department must notify the issuing court,

14  the appropriate state attorney or statewide prosecutor, the

15  petitioner or the petitioner's attorney, and the arresting

16  agency of the reason for noncompliance. The appropriate state

17  attorney or statewide prosecutor shall take action within 60

18  days to correct the record and petition the court to void the

19  order.  No cause of action, including contempt of court, shall

20  arise against any criminal justice agency for failure to

21  comply with an order to seal when the petitioner for such

22  order failed to obtain the certificate of eligibility as

23  required by this section or when such order does not comply

24  with the requirements of this section.

25         (e)  An order sealing a criminal history record

26  pursuant to this section does not require that such record be

27  surrendered to the court, and such record shall continue to be

28  maintained by the department and other criminal justice

29  agencies.

30         (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A

31  criminal history record of a minor or an adult which is

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  1  ordered sealed by a court of competent jurisdiction pursuant

  2  to this section is confidential and exempt from the provisions

  3  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

  4  and is available only to the person who is the subject of the

  5  record, to the subject's attorney, to criminal justice

  6  agencies for their respective criminal justice purposes, or to

  7  those entities set forth in subparagraphs (a)1., 4., 5., and

  8  6. for their respective licensing and employment purposes.

  9         (a)  The subject of a criminal history record sealed

10  under this section or under other provisions of law, including

11  former s. 893.14, former s. 901.33, and former s. 943.058, may

12  lawfully deny or fail to acknowledge the arrests covered by

13  the sealed record, except when the subject of the record:

14         1.  Is a candidate for employment with a criminal

15  justice agency;

16         2.  Is a defendant in a criminal prosecution;

17         3.  Concurrently or subsequently petitions for relief

18  under this section or s. 943.0585;

19         4.  Is a candidate for admission to The Florida Bar;

20         5.  Is seeking to be employed or licensed by or to

21  contract with the Department of Children and Family Services

22  or the Department of Juvenile Justice or to be employed or

23  used by such contractor or licensee in a sensitive position

24  having direct contact with children, the developmentally

25  disabled, the aged, or the elderly as provided in s.

26  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

27  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

28  415.103, s. 985.407, or chapter 400; or

29         6.  Is seeking to be employed or licensed by the Office

30  of Teacher Education, Certification, Staff Development, and

31  Professional Practices of the Department of Education, any

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  1  district school board, or any local governmental entity which

  2  licenses child care facilities.

  3         (b)  Subject to the exceptions in paragraph (a), a

  4  person who has been granted a sealing under this section,

  5  former s. 893.14, former s. 901.33, or former s. 943.058 may

  6  not be held under any provision of law of this state to commit

  7  perjury or to be otherwise liable for giving a false statement

  8  by reason of such person's failure to recite or acknowledge a

  9  sealed criminal history record.

10         (c)  Information relating to the existence of a sealed

11  criminal record provided in accordance with the provisions of

12  paragraph (a) is confidential and exempt from the provisions

13  of s. 119.07(1) and s. 24(a), Art. I of the State

14  Constitution, except that the department shall disclose the

15  sealed criminal history record to the entities set forth in

16  subparagraphs (a)1., 4., 5., and 6. for their respective

17  licensing and employment purposes. It is unlawful for any

18  employee of an entity set forth in subparagraph (a)1.,

19  subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.

20  to disclose information relating to the existence of a sealed

21  criminal history record of a person seeking employment or

22  licensure with such entity or contractor, except to the person

23  to whom the criminal history record relates or to persons

24  having direct responsibility for employment or licensure

25  decisions.  Any person who violates the provisions of this

26  paragraph commits a misdemeanor of the first degree,

27  punishable as provided in s. 775.082 or s. 775.083.

28         (5)  STATUTORY REFERENCES.--Any reference to any other

29  chapter, section, or subdivision of the Florida Statutes in

30  this section constitutes a general reference under the

31  doctrine of incorporation by reference.

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    Florida House of Representatives - 2001                 HB 811

    758-105-01






  1         Section 3.  This act shall take effect July 1, 2001.

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  4                          SENATE SUMMARY

  5    Provides that a court may not expunge or seal the
      criminal history record of a person who has been found
  6    guilty of or pled guilty or nolo contendere to a
      violation of s. 943.0585, F.S., relating to the unlawful
  7    distribution of obscene material to a minor, or who has
      been found guilty of or pled guilty or nolo contendere to
  8    a violation of s. 943.059, F.S., relating to unlawful
      activities involving computer pornography.
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