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The Committee on Criminal and Civil Justice Appropriations (Dean)

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recommended the following amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 168-296

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and insert:

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     Section 4.  Section 847.002, Florida Statutes, is created to

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read:

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     847.002 Child pornography prosecutions.--

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     (1) Any law enforcement officer who, pursuant to a criminal

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investigation, recovers images of child pornography shall:

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     (a) Provide such images or movies to the law enforcement

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agency representative assigned to the Child Victim Identification

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Program at the National Center for Missing and Exploited Children

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guidelines, as required by the center's guidelines.

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     (b) Request the law enforcement agency contact information

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from the Child Victim Identification Program for any images or

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movies recovered which contain an identified victim of child

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pornography as defined in s. 960.03.

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     (c) Provide case information to the Child Victim

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Identification Program, as required by the National Center for

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Missing and Exploited Children guidelines, in any case where the

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law enforcement officer identifies a previously unidentified

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victim of child pornography, as defined in s. 960.03.

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     (2) Any law enforcement officer submitting a case for

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prosecution which involves the production, promotion, or

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possession of child pornography shall submit to the designated

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prosecutor the law enforcement agency contact information

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provided by the Child Victim Identification Program at the

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National Center for Missing and Exploited Children, for any

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images or movies involved in the case which contain the depiction

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of an identified victim of child pornography as defined in s.

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960.03.

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     (3) In every filed case involving an identified victim of

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child pornography, as defined in s. 960.03, the prosecuting

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agency shall enter the following information into the Victims in

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Child Pornography Tracking Repeat Exploitation database

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maintained by the Office of the Attorney General:

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     (a) The case number and agency file number.

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     (b) The named defendant.

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     (c) The circuit court division and county.

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     (d) Current court dates and the status of the case.

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     (e) Contact information for the prosecutor assigned.

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     (f) Verification that the prosecutor is or is not in

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possession of a victim impact statement and will use the

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statement in sentencing.

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     Section 5.  Section 847.01357, Florida Statutes, is created

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to read:

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     847.01357 Exploited children's civil remedy.--

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     (1) Any person who, while under the age of 18, was a victim

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of a sexual abuse crime listed in chapter 794, chapter 800,

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chapter 827, or chapter 847, where any portion of such abuse was

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used in the production of child pornography, and who suffers

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personal or psychological injury as a result of the production,

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promotion, or possession of such images or movies, may bring an

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action in an appropriate state court against the producer,

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promoter, or possessor of such images or movies, regardless of

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whether the victim is now an adult. In any action brought under

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this section, a prevailing plaintiff shall recover the actual

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damages such person sustained and the cost of the suit, including

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reasonable attorney's fees. Any victim who is awarded damages

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under this section shall be deemed to have sustained damages of

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at least $150,000.

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     (2)(a) Notwithstanding any other provisions of law, any

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action commenced under this section must be filed within 3 years

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after the later of:

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     1. The conclusion of a related criminal case; or

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     2. The notification to the victim by a member of a law

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enforcement agency of the creation, possession, or promotion of

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pornographic images.

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     (b) In the case of a victim under the age of 18, any action

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commenced under this section must be filed within 3 years after

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the person reaches the age of 18.

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     (3) Any victim who has a bona fide claim under this section

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shall, upon request, be provided a pseudonym, pursuant to s.

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92.56(3), which shall be issued and maintained by the Department

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of Legal Affairs for use in all legal pleadings. This identifier

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shall be fully recognized in all courts in this state as a valid

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legal identity.

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     (4) It is not a defense to a civil cause of action under

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this section that the respondent did not know the victim or

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commit the abuse depicted in any image of child pornography.

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     (5) To prevent the further exploitation of victims for

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monetary gain by any other person, at the victim's request and

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pursuant to agency approval, the Office of the Attorney General

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may pursue cases on behalf of any Florida victim under this

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section. All damages obtained shall go to the victim, and the

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Office of the Attorney General may seek reasonable attorney's

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fees and costs as authorized under this section.

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     Section 6.  Paragraph (d) is added to subsection (3) of

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section 960.03, Florida Statutes, present subsections (10)

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through (13) of that section are renumbered as subsections (11)

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through (14), respectively, a new subsection (10) is added to

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that section, and present subsection (13) of that section is

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amended, to read:

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     960.03  Definitions; ss. 960.01-960.28.--As used in ss.

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960.01-960.28, unless the context otherwise requires, the term:

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     (3)  "Crime" means:

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     (d) Any violation of s. 827.071, s. 847.0135, s. 847.0137,

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or s. 847.0138, related to online sexual exploitation and child

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pornography.

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     (10) "Identified victim of child pornography" means any

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person who, while under the age of 18, is depicted in any image

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or movie of child pornography and who is identified through a

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report generated by a member of a law enforcement agency and

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provided to the National Center for Missing and Exploited

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Children's Child Victim Identification Program.

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     (14)(13) "Victim" means:

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     (a)  A person who suffers personal physical injury or death

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as a direct result of a crime;

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     (b) A person younger less than 18 16 years of age who was

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present at the scene of a crime, saw or heard the crime, and

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suffered a psychiatric or psychological injury because of the

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crime, but who was not physically injured; or

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     (c)  A person against whom a forcible felony was committed

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and who suffers a psychiatric or psychological injury as a direct

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result of that crime but who does not otherwise sustain a

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personal physical injury or death.

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     Section 7.  Section 960.197, Florida Statutes, is created to

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read:

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     960.197 Assistance to victims of online sexual exploitation

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and child pornography.--

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     (1) Notwithstanding the criteria set forth in s. 960.13 for

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crime victim compensation awards, the department may award

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compensation for counseling and other mental health services to

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treat psychological injury or trauma to:

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     (a) A child younger than 18 years of age who suffers

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psychiatric or psychological injury as a direct result of online

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sexual exploitation under any provision of s. 827.071, s.

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847.0135, s. 847.0137, or s. 847.0138, and who does not otherwise

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sustain a personal injury or death; or

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     (b) Any person who, while younger than age 18, was depicted

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in any image or movie, regardless of length, of child pornography

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as defined in s. 847.001, who has been identified by a law

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enforcement agency or the National Center for Missing and

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Exploited Children as an identified victim of child pornography,

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who suffers psychiatric or psychological injury as a direct

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result of the crime, and who does not otherwise sustain a

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personal injury or death.

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     (2) Compensation under this section is not contingent upon

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pursuit of a criminal investigation or prosecution.

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

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And the title is amended as follows:

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     On line(s) 35, delete the word "known"

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and insert:

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identified

4/14/2008  2:12:00 PM     3-07464-08