Florida Senate - 2016 SB 656
By Senator Abruzzo
25-00506B-16 2016656__
1 A bill to be entitled
2 An act relating to transmission of child pornography;
3 amending s. 847.001, F.S.; revising the definitions of
4 the terms “child pornography” and “minor”; amending s.
5 847.0135, F.S.; revising the crime of computer
6 pornography; amending s. 847.0137, F.S.; revising
7 terminology; providing that each act of sending or
8 delivering child pornography is a separate offense;
9 reenacting s. 921.0022(3)(f), F.S., relating to level
10 6 of the offense severity ranking chart, to
11 incorporate the amendment made to s. 847.0135, F.S.,
12 in a reference thereto; reenacting ss. 775.0847(2),
13 856.022(1), 905.34(8), 921.0022(3)(e), 943.0435(1)(a),
14 944.606(1)(b), 944.607(1)(a), 960.03(3)(e), and
15 960.197(1), F.S., relating to possession or promotion
16 of certain images of child pornography and
17 reclassification, loitering or prowling by certain
18 offenders in close proximity to children and
19 penalties, limitations on the subject matter
20 jurisdiction of the statewide grand jury, the Criminal
21 Punishment Code and level 5 of the offense severity
22 ranking chart, sexual offenders required to register
23 with the Department of Law Enforcement, the definition
24 of the term “sexual offender,” the definition of the
25 term “crime,” and assistance to victims of online
26 sexual exploitation and child pornography,
27 respectively, to incorporate the amendment made to s.
28 847.0137, F.S., in references thereto; reenacting ss.
29 794.056(1), 938.085, and 948.06(8)(c), F.S., relating
30 to the Rape Crisis Program Trust Fund, additional cost
31 to fund rape crisis centers, and the definition of the
32 term “qualifying offense,” respectively, to
33 incorporate the amendments made to ss. 847.0135 and
34 847.0137, F.S., in references thereto; providing an
35 effective date.
36
37 Be It Enacted by the Legislature of the State of Florida:
38
39 Section 1. Subsections (3) and (8) of section 847.001,
40 Florida Statutes, are amended to read:
41 847.001 Definitions.—As used in this chapter, the term:
42 (3) “Child pornography” means an any image depicting a
43 minor engaged in sexual conduct.
44 (8) “Minor” means a any person under the age of 18 years.
45 Section 2. Subsection (2) of section 847.0135, Florida
46 Statutes, is amended to read:
47 847.0135 Computer pornography; prohibited computer usage;
48 traveling to meet minor; penalties.—
49 (2) COMPUTER PORNOGRAPHY.—A person who:
50 (a) Knowingly compiles, enters into, or transmits by use of
51 computer;
52 (b) Makes, prints, publishes, or reproduces by other
53 computerized means;
54 (c) Knowingly causes or allows to be entered into or
55 transmitted by use of computer; or
56 (d) Buys, sells, receives, exchanges, or disseminates,
57
58 a any notice, statement, or advertisement of a any minor’s name,
59 telephone number, place of residence, physical characteristics,
60 or other descriptive or identifying information for purposes of
61 facilitating, encouraging, offering, or soliciting sexual
62 conduct of or with a any minor, or the visual depiction of such
63 conduct, commits a felony of the third degree, punishable as
64 provided in s. 775.082, s. 775.083, or s. 775.084. The fact that
65 an undercover operative or law enforcement officer was involved
66 in the detection and investigation of an offense under this
67 section shall not constitute a defense to a prosecution under
68 this section.
69 Section 3. Section 847.0137, Florida Statutes, is amended
70 to read:
71 847.0137 Transmission of pornography by electronic device
72 or equipment prohibited; penalties.—
73 (1) For purposes of this section, the term:
74 (a) “Minor” or “child” means a any person less than 18
75 years of age.
76 (b) “Transmit” means the act of sending and causing to be
77 delivered an any image, information, or data from one or more
78 persons or places to one or more other persons or places over or
79 through any medium, including the Internet, by use of any
80 electronic equipment or device. Each act of sending and causing
81 to be delivered such image, information, or data is a separate
82 offense.
83 (2) Notwithstanding ss. 847.012 and 847.0133, a any person
84 in this state who knew or reasonably should have known that he
85 or she was transmitting child pornography, as defined in s.
86 847.001, to another person in this state or in another
87 jurisdiction commits a felony of the third degree, punishable as
88 provided in s. 775.082, s. 775.083, or s. 775.084.
89 (3) Notwithstanding ss. 847.012 and 847.0133, a any person
90 in any jurisdiction other than this state who knew or reasonably
91 should have known that he or she was transmitting child
92 pornography, as defined in s. 847.001, to a any person in this
93 state commits a felony of the third degree, punishable as
94 provided in s. 775.082, s. 775.083, or s. 775.084.
95 (4) This section may shall not be construed to prohibit
96 prosecution of a person in this state or another jurisdiction
97 for a violation of any law of this state, including a law
98 providing for greater penalties than prescribed in this section,
99 for the transmission of child pornography, as defined in s.
100 847.001, to a any person in this state.
101 (5) A person is subject to prosecution in this state
102 pursuant to chapter 910 for an any act or conduct proscribed by
103 this section, including a person in a jurisdiction other than
104 this state, if the act or conduct violates subsection (3).
105 (6) The provisions of This section does do not apply to
106 subscription-based transmissions such as list servers.
107 Section 4. For the purpose of incorporating the amendment
108 made by this act to section 847.0135, Florida Statutes, in a
109 reference thereto, paragraph (f) of subsection (3) of section
110 921.0022, Florida Statutes, is reenacted to read:
111 921.0022 Criminal Punishment Code; offense severity ranking
112 chart.—
113 (3) OFFENSE SEVERITY RANKING CHART
114 (f) LEVEL 6
115
116 FloridaStatute FelonyDegree Description
117 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
118 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
119 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
120 499.0051(3) 2nd Knowing forgery of pedigree papers.
121 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
122 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
123 775.0875(1) 3rd Taking firearm from law enforcement officer.
124 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
125 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
126 784.041 3rd Felony battery; domestic battery by strangulation.
127 784.048(3) 3rd Aggravated stalking; credible threat.
128 784.048(5) 3rd Aggravated stalking of person under 16.
129 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
130 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
131 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
132 784.081(2) 2nd Aggravated assault on specified official or employee.
133 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
134 784.083(2) 2nd Aggravated assault on code inspector.
135 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
136 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
137 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
138 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
139 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
140 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
141 794.05(1) 2nd Unlawful sexual activity with specified minor.
142 800.04(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.
143 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
144 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
145 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
146 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
147 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
148 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
149 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
150 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
151 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
152 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
153 825.102(1) 3rd Abuse of an elderly person or disabled adult.
154 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
155 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
156 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
157 827.03(2)(c) 3rd Abuse of a child.
158 827.03(2)(d) 3rd Neglect of a child.
159 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
160 836.05 2nd Threats; extortion.
161 836.10 2nd Written threats to kill or do bodily injury.
162 843.12 3rd Aids or assists person to escape.
163 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
164 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
165 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
166 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
167 944.35(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.
168 944.40 2nd Escapes.
169 944.46 3rd Harboring, concealing, aiding escaped prisoners.
170 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
171 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
172 Section 5. For the purpose of incorporating the amendment
173 made by this act to section 847.0137, Florida Statutes, in a
174 reference thereto, subsection (2) of section 775.0847, Florida
175 Statutes, is reenacted to read:
176 775.0847 Possession or promotion of certain images of child
177 pornography; reclassification.—
178 (2) A violation of s. 827.071, s. 847.0135, s. 847.0137, or
179 s. 847.0138 shall be reclassified to the next higher degree as
180 provided in subsection (3) if:
181 (a) The offender possesses 10 or more images of any form of
182 child pornography regardless of content; and
183 (b) The content of at least one image contains one or more
184 of the following:
185 1. A child who is younger than the age of 5.
186 2. Sadomasochistic abuse involving a child.
187 3. Sexual battery involving a child.
188 4. Sexual bestiality involving a child.
189 5. Any movie involving a child, regardless of length and
190 regardless of whether the movie contains sound.
191 Section 6. For the purpose of incorporating the amendment
192 made by this act to section 847.0137, Florida Statutes, in a
193 reference thereto, subsection (1) of section 856.022, Florida
194 Statutes, is reenacted to read:
195 856.022 Loitering or prowling by certain offenders in close
196 proximity to children; penalty.—
197 (1) Except as provided in subsection (2), this section
198 applies to a person convicted of committing, or attempting,
199 soliciting, or conspiring to commit, any of the criminal
200 offenses proscribed in the following statutes in this state or
201 similar offenses in another jurisdiction against a victim who
202 was under 18 years of age at the time of the offense: s. 787.01,
203 s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
204 the offender was not the victim’s parent or guardian; s.
205 787.06(3)(g); s. 794.011, excluding s. 794.011(10); s. 794.05;
206 former s. 796.03; former s. 796.035; s. 800.04; s. 825.1025; s.
207 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
208 847.0137; s. 847.0138; s. 847.0145; s. 985.701(1); or any
209 similar offense committed in this state which has been
210 redesignated from a former statute number to one of those listed
211 in this subsection, if the person has not received a pardon for
212 any felony or similar law of another jurisdiction necessary for
213 the operation of this subsection and a conviction of a felony or
214 similar law of another jurisdiction necessary for the operation
215 of this subsection has not been set aside in any postconviction
216 proceeding.
217 Section 7. For the purpose of incorporating the amendment
218 made by this act to section 847.0137, Florida Statutes, in a
219 reference thereto, subsection (8) of section 905.34, Florida
220 Statutes, is reenacted to read:
221 905.34 Powers and duties; law applicable.—The jurisdiction
222 of a statewide grand jury impaneled under this chapter shall
223 extend throughout the state. The subject matter jurisdiction of
224 the statewide grand jury shall be limited to the offenses of:
225 (8) Any violation of s. 847.0135, s. 847.0137, or s.
226 847.0138 relating to computer pornography and child exploitation
227 prevention, or any offense related to a violation of s.
228 847.0135, s. 847.0137, or s. 847.0138 or any violation of
229 chapter 827 where the crime is facilitated by or connected to
230 the use of the Internet or any device capable of electronic data
231 storage or transmission;
232
233 or any attempt, solicitation, or conspiracy to commit any
234 violation of the crimes specifically enumerated above, when any
235 such offense is occurring, or has occurred, in two or more
236 judicial circuits as part of a related transaction or when any
237 such offense is connected with an organized criminal conspiracy
238 affecting two or more judicial circuits. The statewide grand
239 jury may return indictments and presentments irrespective of the
240 county or judicial circuit where the offense is committed or
241 triable. If an indictment is returned, it shall be certified and
242 transferred for trial to the county where the offense was
243 committed. The powers and duties of, and law applicable to,
244 county grand juries shall apply to a statewide grand jury except
245 when such powers, duties, and law are inconsistent with the
246 provisions of ss. 905.31-905.40.
247 Section 8. For the purpose of incorporating the amendment
248 made by this act to section 847.0137, Florida Statutes, in a
249 reference thereto, paragraph (e) of subsection (3) of section
250 921.0022, Florida Statutes, is reenacted to read:
251 921.0022 Criminal Punishment Code; offense severity ranking
252 chart.—
253 (3) OFFENSE SEVERITY RANKING CHART
254 (e) LEVEL 5
255
256 FloridaStatute FelonyDegree Description
257 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
258 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
259 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
260 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
261 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
262 379.3671 (2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
263 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
264 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
265 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
266 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
267 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
268 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
269 790.01(2) 3rd Carrying a concealed firearm.
270 790.162 2nd Threat to throw or discharge destructive device.
271 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
272 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
273 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
274 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
275 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
276 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
277 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
278 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
279 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
280 812.019(1) 2nd Stolen property; dealing in or trafficking in.
281 812.131(2)(b) 3rd Robbery by sudden snatching.
282 812.16(2) 3rd Owning, operating, or conducting a chop shop.
283 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
284 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
285 817.2341(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.
286 817.568(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.
287 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
288 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
289 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
290 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
291 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
292 843.01 3rd Resist officer with violence to person; resist arrest with violence.
293 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
294 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
295 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
296 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
297 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
298 893.13(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)4. drugs).
299 893.13(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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (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.
300 893.13(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)4. drugs) within 1,000 feet of university.
301 893.13(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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
302 893.13(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)4. drugs) within 1,000 feet of public housing facility.
303 893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
304 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
305 Section 9. For the purpose of incorporating the amendment
306 made by this act to section 847.0137, Florida Statutes, in a
307 reference thereto, paragraph (a) of subsection (1) of section
308 943.0435, Florida Statutes, is reenacted to read:
309 943.0435 Sexual offenders required to register with the
310 department; penalty.—
311 (1) As used in this section, the term:
312 (a)1. “Sexual offender” means a person who meets the
313 criteria in sub-subparagraph a., sub-subparagraph b., sub
314 subparagraph c., or sub-subparagraph d., as follows:
315 a.(I) Has been convicted of committing, or attempting,
316 soliciting, or conspiring to commit, any of the criminal
317 offenses proscribed in the following statutes in this state or
318 similar offenses in another jurisdiction: s. 393.135(2); s.
319 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
320 the victim is a minor and the defendant is not the victim’s
321 parent or guardian; s. 787.06(3)(b), (d), (f), or (g); former s.
322 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 794.05;
323 former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8);
324 s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
325 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s.
326 916.1075(2); or s. 985.701(1); or any similar offense committed
327 in this state which has been redesignated from a former statute
328 number to one of those listed in this sub-sub-subparagraph; and
329 (II) Has been released on or after October 1, 1997, from
330 the sanction imposed for any conviction of an offense described
331 in sub-sub-subparagraph (I). For purposes of sub-sub
332 subparagraph (I), a sanction imposed in this state or in any
333 other jurisdiction includes, but is not limited to, a fine,
334 probation, community control, parole, conditional release,
335 control release, or incarceration in a state prison, federal
336 prison, private correctional facility, or local detention
337 facility;
338 b. Establishes or maintains a residence in this state and
339 who has not been designated as a sexual predator by a court of
340 this state but who has been designated as a sexual predator, as
341 a sexually violent predator, or by another sexual offender
342 designation in another state or jurisdiction and was, as a
343 result of such designation, subjected to registration or
344 community or public notification, or both, or would be if the
345 person were a resident of that state or jurisdiction, without
346 regard to whether the person otherwise meets the criteria for
347 registration as a sexual offender;
348 c. Establishes or maintains a residence in this state who
349 is in the custody or control of, or under the supervision of,
350 any other state or jurisdiction as a result of a conviction for
351 committing, or attempting, soliciting, or conspiring to commit,
352 any of the criminal offenses proscribed in the following
353 statutes or similar offense in another jurisdiction: s.
354 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
355 787.025(2)(c), where the victim is a minor and the defendant is
356 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
357 or (g); former s. 787.06(3)(h); s. 794.011, excluding s.
358 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.
359 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s.
360 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
361 847.0145; s. 916.1075(2); or s. 985.701(1); or any similar
362 offense committed in this state which has been redesignated from
363 a former statute number to one of those listed in this sub
364 subparagraph; or
365 d. On or after July 1, 2007, has been adjudicated
366 delinquent for committing, or attempting, soliciting, or
367 conspiring to commit, any of the criminal offenses proscribed in
368 the following statutes in this state or similar offenses in
369 another jurisdiction when the juvenile was 14 years of age or
370 older at the time of the offense:
371 (I) Section 794.011, excluding s. 794.011(10);
372 (II) Section 800.04(4)(a)2. where the victim is under 12
373 years of age or where the court finds sexual activity by the use
374 of force or coercion;
375 (III) Section 800.04(5)(c)1. where the court finds
376 molestation involving unclothed genitals; or
377 (IV) Section 800.04(5)(d) where the court finds the use of
378 force or coercion and unclothed genitals.
379 2. For all qualifying offenses listed in sub-subparagraph
380 (1)(a)1.d., the court shall make a written finding of the age of
381 the offender at the time of the offense.
382
383 For each violation of a qualifying offense listed in this
384 subsection, except for a violation of s. 794.011, the court
385 shall make a written finding of the age of the victim at the
386 time of the offense. For a violation of s. 800.04(4), the court
387 shall also make a written finding indicating whether the offense
388 involved sexual activity and indicating whether the offense
389 involved force or coercion. For a violation of s. 800.04(5), the
390 court shall also make a written finding that the offense did or
391 did not involve unclothed genitals or genital area and that the
392 offense did or did not involve the use of force or coercion.
393 Section 10. For the purpose of incorporating the amendment
394 made by this act to section 847.0137, Florida Statutes, in a
395 reference thereto, paragraph (b) of subsection (1) of section
396 944.606, Florida Statutes, is reenacted to read:
397 944.606 Sexual offenders; notification upon release.—
398 (1) As used in this section:
399 (b) “Sexual offender” means a person who has been convicted
400 of committing, or attempting, soliciting, or conspiring to
401 commit, any of the criminal offenses proscribed in the following
402 statutes in this state or similar offenses in another
403 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
404 787.02, or s. 787.025(2)(c), where the victim is a minor and the
405 defendant is not the victim’s parent or guardian; s.
406 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
407 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
408 former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
409 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
410 847.0137; s. 847.0138; s. 847.0145; s. 916.1075(2); or s.
411 985.701(1); or any similar offense committed in this state which
412 has been redesignated from a former statute number to one of
413 those listed in this subsection, when the department has
414 received verified information regarding such conviction; an
415 offender’s computerized criminal history record is not, in and
416 of itself, verified information.
417 Section 11. For the purpose of incorporating the amendment
418 made by this act to section 847.0137, Florida Statutes, in a
419 reference thereto, paragraph (a) of subsection (1) of section
420 944.607, Florida Statutes, is reenacted to read:
421 944.607 Notification to Department of Law Enforcement of
422 information on sexual offenders.—
423 (1) As used in this section, the term:
424 (a) “Sexual offender” means a person who is in the custody
425 or control of, or under the supervision of, the department or is
426 in the custody of a private correctional facility:
427 1. On or after October 1, 1997, as a result of a conviction
428 for committing, or attempting, soliciting, or conspiring to
429 commit, any of the criminal offenses proscribed in the following
430 statutes in this state or similar offenses in another
431 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
432 787.02, or s. 787.025(2)(c), where the victim is a minor and the
433 defendant is not the victim’s parent or guardian; s.
434 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
435 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
436 former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
437 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
438 847.0137; s. 847.0138; s. 847.0145; s. 916.1075(2); or s.
439 985.701(1); or any similar offense committed in this state which
440 has been redesignated from a former statute number to one of
441 those listed in this paragraph; or
442 2. Who establishes or maintains a residence in this state
443 and who has not been designated as a sexual predator by a court
444 of this state but who has been designated as a sexual predator,
445 as a sexually violent predator, or by another sexual offender
446 designation in another state or jurisdiction and was, as a
447 result of such designation, subjected to registration or
448 community or public notification, or both, or would be if the
449 person were a resident of that state or jurisdiction, without
450 regard as to whether the person otherwise meets the criteria for
451 registration as a sexual offender.
452 Section 12. For the purpose of incorporating the amendment
453 made by this act to section 847.0137, Florida Statutes, in a
454 reference thereto, paragraph (e) of subsection (3) of section
455 960.03, Florida Statutes, is reenacted to read:
456 960.03 Definitions; ss. 960.01-960.28.—As used in ss.
457 960.01-960.28, unless the context otherwise requires, the term:
458 (3) “Crime” means:
459 (e) A violation of s. 827.071, s. 847.0135, s. 847.0137, or
460 s. 847.0138, related to online sexual exploitation and child
461 pornography.
462 Section 13. For the purpose of incorporating the amendment
463 made by this act to section 847.0137, Florida Statutes, in a
464 reference thereto, subsection (1) of section 960.197, Florida
465 Statutes, is reenacted to read:
466 960.197 Assistance to victims of online sexual exploitation
467 and child pornography.—
468 (1) Notwithstanding the criteria set forth in s. 960.13 for
469 crime victim compensation awards, the department may award
470 compensation for counseling and other mental health services to
471 treat psychological injury or trauma to:
472 (a) A child younger than 18 years of age who suffers
473 psychiatric or psychological injury as a direct result of online
474 sexual exploitation under any provision of s. 827.071, s.
475 847.0135, s. 847.0137, or s. 847.0138, and who does not
476 otherwise sustain a personal injury or death; or
477 (b) Any person who, while younger than age 18, was depicted
478 in any image or movie, regardless of length, of child
479 pornography as defined in s. 847.001, who has been identified by
480 a law enforcement agency or the National Center for Missing and
481 Exploited Children as an identified victim of child pornography,
482 who suffers psychiatric or psychological injury as a direct
483 result of the crime, and who does not otherwise sustain a
484 personal injury or death.
485 Section 14. For the purpose of incorporating the amendments
486 made by this act to sections 847.0135 and 847.0137, Florida
487 Statutes, in references thereto, subsection (1) of section
488 794.056, Florida Statutes, is reenacted to read:
489 794.056 Rape Crisis Program Trust Fund.—
490 (1) The Rape Crisis Program Trust Fund is created within
491 the Department of Health for the purpose of providing funds for
492 rape crisis centers in this state. Trust fund moneys shall be
493 used exclusively for the purpose of providing services for
494 victims of sexual assault. Funds credited to the trust fund
495 consist of those funds collected as an additional court
496 assessment in each case in which a defendant pleads guilty or
497 nolo contendere to, or is found guilty of, regardless of
498 adjudication, an offense provided in s. 775.21(6) and (10)(a),
499 (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
500 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
501 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
502 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
503 former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
504 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
505 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
506 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
507 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
508 (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
509 fund also shall include revenues provided by law, moneys
510 appropriated by the Legislature, and grants from public or
511 private entities.
512 Section 15. For the purpose of incorporating the amendments
513 made by this act to sections 847.0135 and 847.0137, Florida
514 Statutes, in references thereto, section 938.085, Florida
515 Statutes, is reenacted to read:
516 938.085 Additional cost to fund rape crisis centers.—In
517 addition to any sanction imposed when a person pleads guilty or
518 nolo contendere to, or is found guilty of, regardless of
519 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
520 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
521 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
522 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
523 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
524 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
525 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
526 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
527 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
528 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
529 (14)(c); or s. 985.701(1), the court shall impose a surcharge of
530 $151. Payment of the surcharge shall be a condition of
531 probation, community control, or any other court-ordered
532 supervision. The sum of $150 of the surcharge shall be deposited
533 into the Rape Crisis Program Trust Fund established within the
534 Department of Health by chapter 2003-140, Laws of Florida. The
535 clerk of the court shall retain $1 of each surcharge that the
536 clerk of the court collects as a service charge of the clerk’s
537 office.
538 Section 16. For the purpose of incorporating the amendments
539 made by this act to sections 847.0135 and 847.0137, Florida
540 Statutes, in references thereto, paragraph (c) of subsection (8)
541 of section 948.06, Florida Statutes, is reenacted to read:
542 948.06 Violation of probation or community control;
543 revocation; modification; continuance; failure to pay
544 restitution or cost of supervision.—
545 (8)
546 (c) For purposes of this section, the term “qualifying
547 offense” means any of the following:
548 1. Kidnapping or attempted kidnapping under s. 787.01,
549 false imprisonment of a child under the age of 13 under s.
550 787.02(3), or luring or enticing a child under s. 787.025(2)(b)
551 or (c).
552 2. Murder or attempted murder under s. 782.04, attempted
553 felony murder under s. 782.051, or manslaughter under s. 782.07.
554 3. Aggravated battery or attempted aggravated battery under
555 s. 784.045.
556 4. Sexual battery or attempted sexual battery under s.
557 794.011(2), (3), (4), or (8)(b) or (c).
558 5. Lewd or lascivious battery or attempted lewd or
559 lascivious battery under s. 800.04(4), lewd or lascivious
560 molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious
561 conduct under s. 800.04(6)(b), lewd or lascivious exhibition
562 under s. 800.04(7)(b), or lewd or lascivious exhibition on
563 computer under s. 847.0135(5)(b).
564 6. Robbery or attempted robbery under s. 812.13, carjacking
565 or attempted carjacking under s. 812.133, or home invasion
566 robbery or attempted home invasion robbery under s. 812.135.
567 7. Lewd or lascivious offense upon or in the presence of an
568 elderly or disabled person or attempted lewd or lascivious
569 offense upon or in the presence of an elderly or disabled person
570 under s. 825.1025.
571 8. Sexual performance by a child or attempted sexual
572 performance by a child under s. 827.071.
573 9. Computer pornography under s. 847.0135(2) or (3),
574 transmission of child pornography under s. 847.0137, or selling
575 or buying of minors under s. 847.0145.
576 10. Poisoning food or water under s. 859.01.
577 11. Abuse of a dead human body under s. 872.06.
578 12. Any burglary offense or attempted burglary offense that
579 is either a first degree felony or second degree felony under s.
580 810.02(2) or (3).
581 13. Arson or attempted arson under s. 806.01(1).
582 14. Aggravated assault under s. 784.021.
583 15. Aggravated stalking under s. 784.048(3), (4), (5), or
584 (7).
585 16. Aircraft piracy under s. 860.16.
586 17. Unlawful throwing, placing, or discharging of a
587 destructive device or bomb under s. 790.161(2), (3), or (4).
588 18. Treason under s. 876.32.
589 19. Any offense committed in another jurisdiction which
590 would be an offense listed in this paragraph if that offense had
591 been committed in this state.
592 Section 17. This act shall take effect October 1, 2016.