Florida Senate - 2022                                    SB 1798
       
       
        
       By Senator Book
       
       
       
       
       
       32-00021A-22                                          20221798__
    1                        A bill to be entitled                      
    2         An act relating to sexually explicit material;
    3         amending s. 775.0847, F.S.; redefining the term “child
    4         pornography”; defining the term “digitization”;
    5         amending s. 784.049, F.S.; increasing the monetary
    6         damages that an aggrieved person may receive as a
    7         result of violations relating to sexual
    8         cyberharassment; creating s. 784.0491, F.S.; defining
    9         terms; prohibiting persons from willfully and
   10         maliciously creating and disseminating or selling any
   11         sexually explicit image of a depicted individual
   12         without that individual’s consent; providing criminal
   13         penalties; prohibiting persons from willfully and
   14         maliciously disseminating or selling any such image if
   15         the persons knows or reasonably should have known the
   16         image is digitized; providing criminal penalties;
   17         providing enhanced criminal penalties for second or
   18         subsequent offenses; authorizing a law enforcement
   19         officer to arrest without a warrant any person he or
   20         she has probable cause to believe has violated
   21         specified provisions; authorizing the issuance of a
   22         search warrant if certain conditions are met;
   23         authorizing an aggrieved person to initiate a civil
   24         action to obtain certain relief against a person who
   25         violates specified provisions; providing
   26         applicability; providing construction; creating s.
   27         784.0492, F.S.; defining terms; prohibiting a person
   28         from knowingly and unlawfully obtaining a specified
   29         sexually explicit image of a person with a certain
   30         intent; providing criminal penalties; prohibiting a
   31         person from willfully possessing with a certain intent
   32         a specified sexually explicit image of a person
   33         without that person’s consent; providing criminal
   34         penalties; prohibiting a person from willfully
   35         disseminating for financial gain a specified sexually
   36         explicit image of a person without that person’s
   37         consent; providing criminal penalties; authorizing an
   38         aggrieved person to initiate a civil action to obtain
   39         certain relief against a person who violates specified
   40         provisions; providing applicability; providing
   41         construction; amending s. 827.071, F.S.; defining the
   42         terms “child pornography” and “digitization”; revising
   43         existing unlawful conduct relating to possessing with
   44         the intent to promote and knowingly possessing,
   45         controlling, or intentionally viewing presentations
   46         that include child pornography, rather than sexual
   47         conduct by a child; making technical changes; amending
   48         s. 847.001, F.S.; redefining the term “child
   49         pornography”; defining the term “digitization”;
   50         amending s. 921.0022, F.S.; ranking offenses created
   51         by this act for purposes of the offense severity
   52         ranking chart of the Criminal Punishment Code;
   53         amending ss. 288.1254 and 847.0141, F.S.; conforming
   54         cross-references; providing an effective date.
   55          
   56  Be It Enacted by the Legislature of the State of Florida:
   57  
   58         Section 1. Present paragraphs (c) through (f) of subsection
   59  (1) of section 775.0847, Florida Statutes, are redesignated as
   60  paragraphs (d) through (g), respectively, a new paragraph (c) is
   61  added to that subsection, and paragraph (b) of that subsection
   62  is amended, to read:
   63         775.0847 Possession or promotion of certain images of child
   64  pornography; reclassification.—
   65         (1) For purposes of this section:
   66         (b) “Child pornography” means:
   67         1. Any image depicting a minor engaged in sexual conduct;
   68  or
   69         2. Any image depicting an actual and identifiable minor who
   70  appears, as a result of digitization, to be engaged in sexual
   71  conduct.
   72         (c) “Digitization” means to realistically depict any of the
   73  following:
   74         1. The nude body parts of another human being as the nude
   75  body parts of a minor.
   76         2. Computer-generated nude body parts as the nude body
   77  parts of a minor.
   78         3. A minor engaging in sexual conduct.
   79  
   80  For purposes of sentencing under chapter 921 and determining
   81  incentive gain-time eligibility under chapter 944, a felony
   82  offense that is reclassified under this section is ranked one
   83  level above the ranking under s. 921.0022 or s. 921.0023 of the
   84  offense committed.
   85         Section 2. Paragraph (b) of subsection (5) of section
   86  784.049, Florida Statutes, is amended to read:
   87         784.049 Sexual cyberharassment.—
   88         (5) An aggrieved person may initiate a civil action against
   89  a person who violates this section to obtain all appropriate
   90  relief in order to prevent or remedy a violation of this
   91  section, including the following:
   92         (b) Monetary damages to include $10,000 $5,000 or actual
   93  damages incurred as a result of a violation of this section,
   94  whichever is greater.
   95         Section 3. Section 784.0491, Florida Statutes, is created
   96  to read:
   97         784.0491Unlawful dissemination of sexually explicit
   98  material depicting an individual.—
   99         (1)As used in this section, the term:
  100         (a) “Depicted individual” means an actual and identifiable
  101  person who appears, as a result of digitization, to be engaged
  102  in a performance he or she did not actually perform or to be
  103  performing in an altered depiction.
  104         (b) “Digitization” means to realistically depict any of the
  105  following:
  106         1. The nude body parts of another human being as the nude
  107  body parts of a depicted individual.
  108         2. Computer-generated nude body parts as the nude body
  109  parts of a depicted individual.
  110         3. A depicted individual engaging in sexual conduct as
  111  defined in s. 847.001 in which the depicted individual did not
  112  engage.
  113         (c) “Disseminate” includes, but is not limited to, the
  114  publishing of an image to an Internet website or the transfer of
  115  an image through electronic means to another person.
  116         (d) “Image” includes, but is not limited to, any
  117  photograph, picture, motion picture, film, video, or
  118  representation.
  119         (e) “Sexually explicit image” means any image depicting
  120  nudity as defined in s. 847.001 or depicting a person engaging
  121  in sexual conduct as defined in s. 847.001.
  122         (2)(a) A person who willfully and maliciously creates and
  123  disseminates or sells any sexually explicit image of a depicted
  124  individual, without the consent of the depicted individual,
  125  commits a misdemeanor of the first degree for a first offense,
  126  punishable as provided in s. 775.082 or s. 775.083.
  127         (b) A person who willfully and maliciously disseminates or
  128  sells any sexually explicit image of a depicted individual,
  129  without the consent of the depicted individual, and who knows or
  130  reasonably should have known that such image was the result of
  131  digitization, commits a misdemeanor of the first degree for a
  132  first offense, punishable as provided in s. 775.082 or s.
  133  775.083.
  134         (c) A second or subsequent violation of paragraph (a) or
  135  paragraph (b) is a felony of the third degree, punishable as
  136  provided in s. 775.082, s. 775.083, or s. 775.084.
  137         (3)(a) A law enforcement officer may arrest without a
  138  warrant any person who he or she has probable cause to believe
  139  has violated subsection (2).
  140         (b) Upon proper affidavits being made, a search warrant may
  141  be issued to further investigate a violation of subsection (2),
  142  including to search a private dwelling.
  143         (4) An aggrieved person may initiate a civil action against
  144  a person who violates subsection (2) to obtain appropriate
  145  relief in order to prevent or remedy a violation of subsection
  146  (2), including all of the following:
  147         (a) Injunctive relief.
  148         (b) Monetary damages up to and including $5,000 or actual
  149  damages incurred as a result of a violation of subsection (2),
  150  whichever is greater.
  151         (c) Reasonable attorney fees and costs.
  152         (5) The criminal and civil penalties of this section do not
  153  apply to:
  154         (a) A provider of an interactive computer services as
  155  defined in 47 U.S.C. s. 230(f), of an information service as
  156  defined in 47 U.S.C. s. 153, or of a communications services as
  157  defined in s. 202.11 which provides the transmission, storage,
  158  or caching of electronic communications or messages of others;
  159  another related telecommunications or commercial mobile radio
  160  service; or content provided by another person; or
  161         (b) A law enforcement officer, as defined in s. 943.10, or
  162  any local, state, federal, or military law enforcement agency
  163  that disseminates a sexually explicit image in connection with
  164  the performance of his or her duties as a law enforcement
  165  officer or the duties of the law enforcement agency.
  166         (6) A violation of this section is committed within this
  167  state if any conduct that is an element of the offense, or any
  168  harm to the depicted individual resulting from the offense,
  169  occurs within this state.
  170         Section 4. Section 784.0492, Florida Statutes, is created
  171  to read:
  172         784.0492 Unlawful taking or criminal use of a sexually
  173  explicit image.—
  174         (1) As used in this section, the term:
  175         (a) “Disseminate” includes, but is not limited to, the
  176  publishing of an image to an Internet website or the transfer of
  177  an image through electronic means to another person.
  178         (b) “Image” includes, but is not limited to, any
  179  photograph, picture, motion picture, film, video, or
  180  representation.
  181         (c) “Obtains” means any manner of taking or exercising
  182  control over an image or obtaining an image by fraud, willful
  183  misrepresentation, or false promise.
  184         (d) “Personal identification information” means any
  185  information that identifies an individual, and includes, but is
  186  not limited to, any name, postal or electronic mail address,
  187  telephone number, social security number, date of birth, or
  188  unique physical representation.
  189         (e) “Sexually explicit image” means any image depicting
  190  nudity as defined in s. 847.001 or depicting a person engaging
  191  in sexual conduct as defined in s. 847.001.
  192         (2) A person who knowingly and unlawfully obtains a
  193  sexually explicit image of a person which contains or conveys
  194  the personal identification information of the depicted person
  195  with the intent of causing substantial emotional distress to
  196  that person commits the offense of unlawful taking of a sexually
  197  explicit image, punishable as a felony of the third degree, as
  198  provided in s. 775.082, s. 775.083, or s. 775.084.
  199         (3)A person who willfully possesses with the intent to
  200  disseminate for the purposes of pecuniary or any type of
  201  financial gain a sexually explicit image of a person which
  202  contains or conveys the personal identification information of
  203  the depicted person without first obtaining that person’s
  204  consent commits the offense of criminal use of a sexually
  205  explicit image, punishable as a felony of the third degree, as
  206  provided in s. 775.082, s. 775.083, or s. 775.084.
  207         (4) A person who willfully disseminates for the purposes of
  208  pecuniary or any type of financial gain a sexually explicit
  209  image of a person which contains or conveys the personal
  210  identification information of the depicted person without first
  211  obtaining that person’s consent commits the offense of criminal
  212  use of a sexually explicit image, punishable as a felony of the
  213  second degree, as provided in s. 775.082, s. 775.083, or s.
  214  775.084.
  215         (5) Every act, thing, or transaction prohibited by this
  216  section constitutes a separate offense and is punishable as
  217  such.
  218         (6) An aggrieved person may initiate a civil action against
  219  a person who violates this section to obtain all appropriate
  220  relief in order to prevent or remedy a violation of this
  221  section, including the following:
  222         (a) Injunctive relief.
  223         (b) Monetary damages to include $10,000 or actual damages
  224  incurred as a result of a violation of this section, whichever
  225  is greater.
  226         (c) Reasonable attorney fees and costs.
  227         (7) The criminal and civil penalties of this section do not
  228  apply to:
  229         (a) A provider of an interactive computer services as
  230  defined in 47 U.S.C. s. 230(f), of an information service as
  231  defined in 47 U.S.C. s. 153, or of a communications services as
  232  defined in s. 202.11 which provides the transmission, storage,
  233  or caching of electronic communications or messages of others;
  234  another related telecommunications or commercial mobile radio
  235  service; or content provided by another person;
  236         (b) A law enforcement officer, as defined in s. 943.10, or
  237  any local, state, federal, or military law enforcement agency
  238  that disseminates a sexually explicit image in connection with
  239  the performance of his or her duties as a law enforcement
  240  officer or the duties of the law enforcement agency; or
  241         (c) Sexually explicit images involving voluntary exposure
  242  in a public or commercial setting.
  243         (8) A violation of this section is committed within this
  244  state if any conduct that is an element of the offense, or any
  245  harm to the depicted individual resulting from the offense,
  246  occurs within this state.
  247         Section 5. Section 827.071, Florida Statutes, is amended to
  248  read:
  249         827.071 Sexual performance by a child; child pornography;
  250  penalties.—
  251         (1) As used in this section, the term following definitions
  252  shall apply:
  253         (a) “Child pornography” means:
  254         1.Any image depicting a minor engaged in sexual conduct;
  255  or
  256         2. Any image depicting an actual and identifiable minor who
  257  appears, as a result of digitization, to be engaged in sexual
  258  conduct.
  259         (b) “Deviate sexual intercourse” means sexual conduct
  260  between persons not married to each other consisting of contact
  261  between the penis and the anus, the mouth and the penis, or the
  262  mouth and the vulva.
  263         (c)“Digitization” means to realistically depict any of the
  264  following:
  265         1. The nude body parts of another human being as the nude
  266  body parts of a minor.
  267         2. Computer-generated nude body parts as the nude body
  268  parts of a minor.
  269         3. A minor engaging in sexual conduct.
  270         (d)(b) “Intentionally view” means to deliberately,
  271  purposefully, and voluntarily view. Proof of intentional viewing
  272  requires establishing more than a single image, motion picture,
  273  exhibition, show, image, data, computer depiction,
  274  representation, or other presentation over any period of time.
  275         (e)(c) “Performance” means any play, motion picture,
  276  photograph, or dance or any other visual representation
  277  exhibited before an audience.
  278         (f)(d) “Promote” means to procure, manufacture, issue,
  279  sell, give, provide, lend, mail, deliver, transfer, transmute,
  280  publish, distribute, circulate, disseminate, present, exhibit,
  281  or advertise or to offer or agree to do the same.
  282         (g)(e) “Sadomasochistic abuse” means flagellation or
  283  torture by or upon a person, or the condition of being fettered,
  284  bound, or otherwise physically restrained, for the purpose of
  285  deriving sexual satisfaction from inflicting harm on another or
  286  receiving such harm oneself.
  287         (h)(f) “Sexual battery” means oral, anal, or vaginal
  288  penetration by, or union with, the sexual organ of another or
  289  the anal or vaginal penetration of another by any other object;
  290  however, “sexual battery” does not include an act done for a
  291  bona fide medical purpose.
  292         (i)(g) “Sexual bestiality” means any sexual act between a
  293  person and an animal involving the sex organ of the one and the
  294  mouth, anus, or vagina of the other.
  295         (j)(h) “Sexual conduct” means actual or simulated sexual
  296  intercourse, deviate sexual intercourse, sexual bestiality,
  297  masturbation, or sadomasochistic abuse; actual lewd exhibition
  298  of the genitals; actual physical contact with a person’s clothed
  299  or unclothed genitals, pubic area, buttocks, or, if such person
  300  is a female, breast, with the intent to arouse or gratify the
  301  sexual desire of either party; or any act or conduct which
  302  constitutes sexual battery or simulates that sexual battery is
  303  being or will be committed. A mother’s breastfeeding of her baby
  304  does not under any circumstance constitute “sexual conduct.”
  305         (k)(i) “Sexual performance” means any performance or part
  306  thereof which includes sexual conduct by a child younger of less
  307  than 18 years of age.
  308         (l)(j) “Simulated” means the explicit depiction of conduct
  309  set forth in paragraph (j) (h) which creates the appearance of
  310  such conduct and which exhibits any uncovered portion of the
  311  breasts, genitals, or buttocks.
  312         (2) A person is guilty of the use of a child in a sexual
  313  performance if, knowing the character and content thereof, he or
  314  she employs, authorizes, or induces a child younger less than 18
  315  years of age to engage in a sexual performance or, being a
  316  parent, legal guardian, or custodian of such child, consents to
  317  the participation by such child in a sexual performance. A
  318  person who Whoever violates this subsection commits is guilty of
  319  a felony of the second degree, punishable as provided in s.
  320  775.082, s. 775.083, or s. 775.084.
  321         (3) A person is guilty of promoting a sexual performance by
  322  a child when, knowing the character and content thereof, he or
  323  she produces, directs, or promotes any performance which
  324  includes sexual conduct by a child younger less than 18 years of
  325  age. A person who Whoever violates this subsection commits is
  326  guilty of a felony of the second degree, punishable as provided
  327  in s. 775.082, s. 775.083, or s. 775.084.
  328         (4) It is unlawful for any person to possess with the
  329  intent to promote any photograph, motion picture, exhibition,
  330  show, representation, or other presentation which, in whole or
  331  in part, includes child pornography any sexual conduct by a
  332  child. The possession of three or more copies of such
  333  photograph, motion picture, representation, or presentation is
  334  prima facie evidence of an intent to promote. A person who
  335  Whoever violates this subsection commits is guilty of a felony
  336  of the second degree, punishable as provided in s. 775.082, s.
  337  775.083, or s. 775.084.
  338         (5)(a) It is unlawful for any person to knowingly possess,
  339  control, or intentionally view a photograph, motion picture,
  340  exhibition, show, representation, image, data, computer
  341  depiction, or other presentation which, in whole or in part, he
  342  or she knows to include child pornography any sexual conduct by
  343  a child. The possession, control, or intentional viewing of each
  344  such photograph, motion picture, exhibition, show, image, data,
  345  computer depiction, representation, or presentation is a
  346  separate offense. If such photograph, motion picture,
  347  exhibition, show, representation, image, data, computer
  348  depiction, or other presentation includes child pornography
  349  depicting sexual conduct by more than one child, then each such
  350  child in each such photograph, motion picture, exhibition, show,
  351  representation, image, data, computer depiction, or other
  352  presentation that is knowingly possessed, controlled, or
  353  intentionally viewed is a separate offense. A person who
  354  violates this paragraph subsection commits a felony of the third
  355  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  356  775.084.
  357         (b) Paragraph (a) This subsection does not apply to any
  358  material possessed, controlled, or intentionally viewed as part
  359  of a law enforcement investigation.
  360         (6) Prosecution of a any person for an offense under this
  361  section does shall not prohibit prosecution of that person in
  362  this state for a violation of any other law of this state,
  363  including a law providing for greater penalties than prescribed
  364  in this section or any other crime punishing the sexual
  365  performance or the sexual exploitation of children.
  366         Section 6. Present subsections (6) through (20) of section
  367  847.001, Florida Statutes, are redesignated as subsections (7)
  368  through (21), respectively, a new subsection (6) is added to
  369  that section, and subsection (3) and present subsection (19) of
  370  that section are amended, to read:
  371         847.001 Definitions.—As used in this chapter, the term:
  372         (3) “Child pornography” means:
  373         (a) Any image depicting a minor engaged in sexual conduct;
  374  or
  375         (b) Any image depicting an actual and identifiable minor
  376  who appears, as a result of digitization, to be engaged in
  377  sexual conduct.
  378         (6)“Digitization” means to realistically depict any of the
  379  following:
  380         (a) The nude body parts of another human being as the nude
  381  body parts of a minor.
  382         (b) Computer-generated nude body parts as the nude body
  383  parts of a minor.
  384         (c) A minor engaging in sexual conduct.
  385         (20)(19) “Simulated” means the explicit depiction of
  386  conduct described in subsection (17) (16) which creates the
  387  appearance of such conduct and which exhibits any uncovered
  388  portion of the breasts, genitals, or buttocks.
  389         Section 7. Paragraphs (d) and (e) of subsection (3) of
  390  section 921.0022, Florida Statutes, are amended to read:
  391         921.0022 Criminal Punishment Code; offense severity ranking
  392  chart.—
  393         (3) OFFENSE SEVERITY RANKING CHART
  394         (d) LEVEL 4
  395  
  396  FloridaStatute               FelonyDegree       Description        
  397  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.
  398  499.0051(1)                      3rd     Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  399  499.0051(5)                      2nd     Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  400  517.07(1)                        3rd     Failure to register securities.
  401  517.12(1)                        3rd     Failure of dealer, associated person, or issuer of securities to register.
  402  784.0492(2)                      3rd     Unlawful taking of a sexually explicit image.
  403  784.0492(3)                      3rd     Criminal use of a sexually explicit image.
  404  784.07(2)(b)                     3rd     Battery of law enforcement officer, firefighter, etc.
  405  784.074(1)(c)                    3rd     Battery of sexually violent predators facility staff.
  406  784.075                          3rd     Battery on detention or commitment facility staff.
  407  784.078                          3rd     Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  408  784.08(2)(c)                     3rd     Battery on a person 65 years of age or older.
  409  784.081(3)                       3rd     Battery on specified official or employee.
  410  784.082(3)                       3rd     Battery by detained person on visitor or other detainee.
  411  784.083(3)                       3rd     Battery on code inspector.
  412  784.085                          3rd     Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  413  787.03(1)                        3rd     Interference with custody; wrongly takes minor from appointed guardian.
  414  787.04(2)                        3rd     Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  415  787.04(3)                        3rd     Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  416  787.07                           3rd     Human smuggling.          
  417  790.115(1)                       3rd     Exhibiting firearm or weapon within 1,000 feet of a school.
  418  790.115(2)(b)                    3rd     Possessing electric weapon or device, destructive device, or other weapon on school property.
  419  790.115(2)(c)                    3rd     Possessing firearm on school property.
  420  800.04(7)(c)                     3rd     Lewd or lascivious exhibition; offender less than 18 years.
  421  806.135                          2nd     Destroying or demolishing a memorial or historic property.
  422  810.02(4)(a)                     3rd     Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  423  810.02(4)(b)                     3rd     Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  424  810.06                           3rd     Burglary; possession of tools.
  425  810.08(2)(c)                     3rd     Trespass on property, armed with firearm or dangerous weapon.
  426  812.014(2)(c)3.                  3rd     Grand theft, 3rd degree $10,000 or more but less than $20,000.
  427  812.014 (2)(c)4.-10.             3rd     Grand theft, 3rd degree; specified items.
  428  812.0195(2)                      3rd     Dealing in stolen property by use of the Internet; property stolen $300 or more.
  429  817.505(4)(a)                    3rd     Patient brokering.        
  430  817.563(1)                       3rd     Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  431  817.568(2)(a)                    3rd     Fraudulent use of personal identification information.
  432  817.625(2)(a)                    3rd     Fraudulent use of scanning device, skimming device, or reencoder.
  433  817.625(2)(c)                    3rd     Possess, sell, or deliver skimming device.
  434  828.125(1)                       2nd     Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  435  837.02(1)                        3rd     Perjury in official proceedings.
  436  837.021(1)                       3rd     Make contradictory statements in official proceedings.
  437  838.022                          3rd     Official misconduct.      
  438  839.13(2)(a)                     3rd     Falsifying records of an individual in the care and custody of a state agency.
  439  839.13(2)(c)                     3rd     Falsifying records of the Department of Children and Families.
  440  843.021                          3rd     Possession of a concealed handcuff key by a person in custody.
  441  843.025                          3rd     Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  442  843.15(1)(a)                     3rd     Failure to appear while on bail for felony (bond estreature or bond jumping).
  443  847.0135(5)(c)                   3rd     Lewd or lascivious exhibition using computer; offender less than 18 years.
  444  870.01(3)                        2nd     Aggravated rioting.       
  445  870.01(5)                        2nd     Aggravated inciting a riot.
  446  874.05(1)(a)                     3rd     Encouraging or recruiting another to join a criminal gang.
  447  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).
  448  914.14(2)                        3rd     Witnesses accepting bribes.
  449  914.22(1)                        3rd     Force, threaten, etc., witness, victim, or informant.
  450  914.23(2)                        3rd     Retaliation against a witness, victim, or informant, no bodily injury.
  451  916.1085 (2)(c)1.                3rd     Introduction of specified contraband into certain DCF facilities.
  452  918.12                           3rd     Tampering with jurors.    
  453  934.215                          3rd     Use of two-way communications device to facilitate commission of a crime.
  454  944.47(1)(a)6.                   3rd     Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
  455  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.
  456         (e) LEVEL 5
  457  
  458  FloridaStatute               FelonyDegree       Description        
  459  316.027(2)(a)                    3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  460  316.1935(4)(a)                   2nd     Aggravated fleeing or eluding.
  461  316.80(2)                        2nd     Unlawful conveyance of fuel; obtaining fuel fraudulently.
  462  322.34(6)                        3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  463  327.30(5)                        3rd     Vessel accidents involving personal injury; leaving scene.
  464  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.
  465  379.367(4)                       3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  466  379.407(5)(b)3.                  3rd     Possession of 100 or more undersized spiny lobsters.
  467  381.0041(11)(b)                  3rd     Donate blood, plasma, or organs knowing HIV positive.
  468  440.10(1)(g)                     2nd     Failure to obtain workers’ compensation coverage.
  469  440.105(5)                       2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
  470  440.381(2)                       3rd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  471  624.401(4)(b)2.                  2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  472  626.902(1)(c)                    2nd     Representing an unauthorized insurer; repeat offender.
  473  784.0492(4)                      2nd     Criminal use of a sexually explicit image.
  474  790.01(2)                        3rd     Carrying a concealed firearm.
  475  790.162                          2nd     Threat to throw or discharge destructive device.
  476  790.163(1)                       2nd     False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  477  790.221(1)                       2nd     Possession of short-barreled shotgun or machine gun.
  478  790.23                           2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
  479  796.05(1)                        2nd     Live on earnings of a prostitute; 1st offense.
  480  800.04(6)(c)                     3rd     Lewd or lascivious conduct; offender less than 18 years of age.
  481  800.04(7)(b)                     2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
  482  806.111(1)                       3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  483  812.0145(2)(b)                   2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  484  812.015 (8)(a) & (c)-(e)         3rd     Retail theft; property stolen is valued at $750 or more and one or more specified acts.
  485  812.019(1)                       2nd     Stolen property; dealing in or trafficking in.
  486  812.081(3)                       2nd     Trafficking in trade secrets.
  487  812.131(2)(b)                    3rd     Robbery by sudden snatching.
  488  812.16(2)                        3rd     Owning, operating, or conducting a chop shop.
  489  817.034(4)(a)2.                  2nd     Communications fraud, value $20,000 to $50,000.
  490  817.234(11)(b)                   2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
  491  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.
  492  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.
  493  817.611(2)(a)                    2nd     Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  494  817.625(2)(b)                    2nd     Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  495  825.1025(4)                      3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  496  827.071(4)                       2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child pornography.
  497  827.071(5)                       3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child pornography.
  498  828.12(2)                        3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  499  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.
  500  843.01                           3rd     Resist officer with violence to person; resist arrest with violence.
  501  847.0135(5)(b)                   2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
  502  847.0137 (2) & (3)               3rd     Transmission of pornography by electronic device or equipment.
  503  847.0138 (2) & (3)               3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
  504  874.05(1)(b)                     2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  505  874.05(2)(a)                     2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
  506  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).
  507  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.
  508  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.
  509  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.
  510  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.
  511  893.13(4)(b)                     2nd     Use or hire of minor; deliver to minor other controlled substance.
  512  893.1351(1)                      3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  513         Section 8. Paragraph (j) of subsection (1) of section
  514  288.1254, Florida Statutes, is amended to read:
  515         288.1254 Entertainment industry financial incentive
  516  program.—
  517         (1) DEFINITIONS.—As used in this section, the term:
  518         (j) “Qualified production” means a production in this state
  519  meeting the requirements of this section. The term does not
  520  include a production:
  521         1. In which, for the first 2 years of the incentive
  522  program, less than 50 percent, and thereafter, less than 60
  523  percent, of the positions that make up its production cast and
  524  below-the-line production crew, or, in the case of digital media
  525  projects, less than 75 percent of such positions, are filled by
  526  legal residents of this state, whose residency is demonstrated
  527  by a valid Florida driver license or other state-issued
  528  identification confirming residency, or students enrolled full
  529  time in a film-and-entertainment-related course of study at an
  530  institution of higher education in this state; or
  531         2. That contains obscene content as defined in s. 847.001
  532  s. 847.001(10).
  533         Section 9. Subsection (1) of section 847.0141, Florida
  534  Statutes, is amended to read:
  535         847.0141 Sexting; prohibited acts; penalties.—
  536         (1) A minor commits the offense of sexting if he or she
  537  knowingly:
  538         (a) Uses a computer, or any other device capable of
  539  electronic data transmission or distribution, to transmit or
  540  distribute to another minor any photograph or video of any
  541  person which depicts nudity, as defined in s. 847.001 s.
  542  847.001(9), and is harmful to minors, as defined in s. 847.001
  543  s. 847.001(6).
  544         (b) Possesses a photograph or video of any person that was
  545  transmitted or distributed by another minor which depicts
  546  nudity, as defined in s. 847.001 s. 847.001(9), and is harmful
  547  to minors, as defined in s. 847.001 s. 847.001(6). A minor does
  548  not violate this paragraph if all of the following apply:
  549         1. The minor did not solicit the photograph or video.
  550         2. The minor took reasonable steps to report the photograph
  551  or video to the minor’s legal guardian or to a school or law
  552  enforcement official.
  553         3. The minor did not transmit or distribute the photograph
  554  or video to a third party.
  555         Section 10. This act shall take effect October 1, 2022.