Florida Senate - 2022 CS for SB 1798
By the Committee on Criminal Justice; and Senator Book
591-02274A-22 20221798c1
1 A bill to be entitled
2 An act relating to sexually explicit material;
3 amending s. 775.0847, F.S.; redefining terms;
4 replacing the term “child pornography” with the term
5 “child sexual abuse material”; defining the term
6 “identifiable minor”; revising the list of
7 circumstances under which specified offenses may be
8 reclassified; amending s. 784.049, F.S.; increasing
9 the monetary damages that an aggrieved person may
10 receive as a result of violations relating to sexual
11 cyberharassment; amending s. 827.071, F.S.; defining
12 and redefining terms; conforming provisions to changes
13 made by the act; creating s. 836.13, F.S.; defining
14 terms; prohibiting the willful and malicious promotion
15 of certain images without consent; providing criminal
16 penalties; providing a civil cause of action;
17 providing applicability; providing construction;
18 creating s. 836.14, F.S.; defining terms; prohibiting
19 a person from obtaining certain images with the intent
20 to promote such images; prohibiting the possession of
21 certain images with intent to promote without consent;
22 prohibiting the promotion of certain images without
23 consent; providing criminal penalties; providing a
24 civil cause of action; providing applicability;
25 providing construction; amending s. 847.001, F.S.;
26 redefining terms; replacing the term “child
27 pornography” with the term “child sexual abuse
28 material”; defining the terms “identifiable minor” and
29 “promote”; amending 847.011; authorizing law
30 enforcement officers to arrest certain persons without
31 a warrant; authorizing a search warrant to be issued
32 for further investigation upon proper affidavits being
33 made; amending 847.0137, F.S.; deleting the definition
34 of the term “minor”; redefining the term “transmit”;
35 conforming provisions to changes made by the act;
36 amending s. 921.0022, F.S.; ranking offenses created
37 by this act for purposes of the severity ranking chart
38 of the Criminal Punishment Code; conforming provisions
39 to changes made by the act; amending s. 960.03, F.S.;
40 replacing the term “child pornography” with the term
41 “child sexual abuse material”; conforming provisions
42 to changes made by the act; amending ss. 288.1254 and
43 847.0141, F.S.; conforming cross-references; amending
44 ss. 39.0138, 92.56, 92.561, 435.07, 456.074, 847.002,
45 847.01357, 847.0139, 948.06, and 960.197, F.S.;
46 conforming provisions to changes made by the act;
47 providing an effective date.
48
49 Be It Enacted by the Legislature of the State of Florida:
50
51 Section 1. Section 775.0847, Florida Statutes, is amended
52 to read:
53 775.0847 Possession or promotion of certain child sexual
54 abuse material images of child pornography; reclassification.—
55 (1) For purposes of this section:
56 (a) “Child” or “minor” means any person, whose identity is
57 known or unknown, younger less than 18 years of age.
58 (b) “Child sexual abuse material” “Child pornography”
59 means:
60 1. Any image depicting a minor engaged in sexual conduct;
61 or
62 2. Any image that has been created, altered, adapted, or
63 modified by electronic, mechanical, or other means, to portray
64 an identifiable minor engaged in sexual conduct.
65 (c) “Identifiable minor” means a person:
66 1. Who was a minor at the time the image was created,
67 adapted, or modified, or whose image as a minor was used in the
68 creating, adapting, or modifying of the image; and
69 2. Who is recognizable as an actual person by the person’s
70 face, likeness, or other distinguishing characteristic, such as
71 a unique birthmark, or other recognizable feature.
72
73 The term may not be construed to require proof of the actual
74 identity of the identifiable minor.
75 (d)(c) “Sadomasochistic abuse” means flagellation or
76 torture by or upon a person or the condition of being fettered,
77 bound, or otherwise physically restrained, for the purpose of
78 deriving sexual satisfaction, or satisfaction brought about as a
79 result of sadistic violence, from inflicting harm on another or
80 receiving such harm oneself.
81 (e)(d) “Sexual battery” means oral, anal, or vaginal
82 penetration by, or union with, the sexual organ of another or
83 the anal or vaginal penetration of another by any other object;
84 however, sexual battery does not include an act done for a bona
85 fide medical purpose.
86 (f)(e) “Sexual bestiality” means any sexual act, actual or
87 simulated, between a person and an animal involving the sex
88 organ of the one and the mouth, anus, or vagina of the other.
89 (g)(f) “Sexual conduct” means actual or simulated sexual
90 intercourse, deviate sexual intercourse, sexual bestiality,
91 masturbation, or sadomasochistic abuse; actual or simulated lewd
92 exhibition of the genitals; actual physical contact with a
93 person’s clothed or unclothed genitals, pubic area, buttocks,
94 or, if such person is a female, breast with the intent to arouse
95 or gratify the sexual desire of either party; or any act or
96 conduct which constitutes sexual battery or simulates that
97 sexual battery is being or will be committed. A mother’s
98 breastfeeding of her baby does not under any circumstance
99 constitute “sexual conduct.”
100 (2) A violation of s. 827.071, s. 847.0135, s. 847.0137, or
101 s. 847.0138 shall be reclassified to the next higher degree as
102 provided in subsection (3) if:
103 (a) The offender possesses 10 or more images of any form of
104 child sexual abuse material child pornography regardless of
105 content; and
106 (b) The content of at least one image contains one or more
107 of the following:
108 1. A child who is younger than the age of 5.
109 2. Sadomasochistic abuse involving a child.
110 3. Sexual battery involving a child.
111 4. Sexual bestiality involving a child.
112 5. Any motion picture, film, video, or computer-generated
113 motion picture, film, or video movie involving a child,
114 regardless of length and regardless of whether the motion
115 picture, film, video, or computer-generated motion picture,
116 film, or video movie contains sound.
117 (3)(a) In the case of a felony of the third degree, the
118 offense is reclassified to a felony of the second degree.
119 (b) In the case of a felony of the second degree, the
120 offense is reclassified to a felony of the first degree.
121
122 For purposes of sentencing under chapter 921 and determining
123 incentive gain-time eligibility under chapter 944, a felony
124 offense that is reclassified under this section is ranked one
125 level above the ranking under s. 921.0022 or s. 921.0023 of the
126 offense committed.
127 Section 2. Paragraph (b) of subsection (5) of section
128 784.049, Florida Statutes, is amended to read:
129 784.049 Sexual cyberharassment.—
130 (5) An aggrieved person may initiate a civil action against
131 a person who violates this section to obtain all appropriate
132 relief in order to prevent or remedy a violation of this
133 section, including the following:
134 (b) Monetary damages to include $10,000 $5,000 or actual
135 damages incurred as a result of a violation of this section,
136 whichever is greater.
137 Section 3. Section 827.071, Florida Statutes, is amended to
138 read:
139 827.071 Sexual performance by a child; child sexual abuse
140 material; penalties.—
141 (1) As used in this section, the following definitions
142 shall apply:
143 (a) “Child” or “minor” means any person, whose identity is
144 known or unknown, younger than 18 years of age.
145 (b) “Child sexual abuse material” means:
146 1. Any image depicting a minor engaged in sexual conduct;
147 or
148 2. Any image that has been created, altered, adapted, or
149 modified by electronic, mechanical, or other means, to portray
150 an identifiable minor engaged in sexual conduct.
151 (c)(a) “Deviate sexual intercourse” means sexual conduct
152 between persons not married to each other consisting of contact
153 between the penis and the anus, the mouth and the penis, or the
154 mouth and the vulva.
155 (d) “Identifiable minor” means a person:
156 1. Who was a minor at the time the image was created,
157 adapted, or modified, or whose image as a minor was used in the
158 creating, adapting, or modifying of the image; and
159 2. Who is recognizable as an actual person by the person’s
160 face, likeness, or other distinguishing characteristic, such as
161 a unique birthmark, or other recognizable feature.
162
163 The term may not be construed to require proof of the actual
164 identity of the identifiable minor.
165 (e)(b) “Intentionally view” means to deliberately,
166 purposefully, and voluntarily view. Proof of intentional viewing
167 requires establishing more than a single image, motion picture,
168 exhibition, show, image, data, computer depiction,
169 representation, or other presentation over any period of time.
170 (f)(c) “Performance” means any play, motion picture,
171 photograph, or dance or any other visual representation
172 exhibited before an audience.
173 (g)(d) “Promote” means to procure, manufacture, issue,
174 sell, give, provide, lend, mail, deliver, transfer, transmit,
175 transmute, publish, distribute, circulate, disseminate, present,
176 exhibit, send, post, share, or advertise or to offer or agree to
177 do the same.
178 (h)(e) “Sadomasochistic abuse” means flagellation or
179 torture by or upon a person, or the condition of being fettered,
180 bound, or otherwise physically restrained, for the purpose of
181 deriving sexual satisfaction from inflicting harm on another or
182 receiving such harm oneself.
183 (i)(f) “Sexual battery” means oral, anal, or vaginal
184 penetration by, or union with, the sexual organ of another or
185 the anal or vaginal penetration of another by any other object;
186 however, “sexual battery” does not include an act done for a
187 bona fide medical purpose.
188 (j)(g) “Sexual bestiality” means any sexual act between a
189 person and an animal involving the sex organ of the one and the
190 mouth, anus, or vagina of the other.
191 (k)(h) “Sexual conduct” means actual or simulated sexual
192 intercourse, deviate sexual intercourse, sexual bestiality,
193 masturbation, or sadomasochistic abuse; actual or simulated lewd
194 exhibition of the genitals; actual physical contact with a
195 person’s clothed or unclothed genitals, pubic area, buttocks,
196 or, if such person is a female, breast, with the intent to
197 arouse or gratify the sexual desire of either party; or any act
198 or conduct which constitutes sexual battery or simulates that
199 sexual battery is being or will be committed. A mother’s
200 breastfeeding of her baby does not under any circumstance
201 constitute “sexual conduct.”
202 (l)(i) “Sexual performance” means any performance or part
203 thereof which includes sexual conduct by a child of less than 18
204 years of age.
205 (m)(j) “Simulated” means the explicit depiction of conduct
206 set forth in paragraph (k) (h) which creates the appearance of
207 such conduct and which exhibits any uncovered portion of the
208 breasts, genitals, or buttocks.
209 (2) A person is guilty of the use of a child in a sexual
210 performance if, knowing the character and content thereof, he or
211 she employs, authorizes, or induces a child less than 18 years
212 of age to engage in a sexual performance or, being a parent,
213 legal guardian, or custodian of such child, consents to the
214 participation by such child in a sexual performance. A person
215 who Whoever violates this subsection commits is guilty of a
216 felony of the second degree, punishable as provided in s.
217 775.082, s. 775.083, or s. 775.084.
218 (3) A person is guilty of promoting a sexual performance by
219 a child when, knowing the character and content thereof, he or
220 she produces, directs, or promotes any performance which
221 includes sexual conduct by a child less than 18 years of age. A
222 person who Whoever violates this subsection commits is guilty of
223 a felony of the second degree, punishable as provided in s.
224 775.082, s. 775.083, or s. 775.084.
225 (4) It is unlawful for any person to possess with the
226 intent to promote any photograph, motion picture, exhibition,
227 show, representation, or other presentation which, in whole or
228 in part, includes child sexual abuse material any sexual conduct
229 by a child. The possession of three or more copies of such
230 photograph, motion picture, representation, or presentation is
231 prima facie evidence of an intent to promote. A person who
232 Whoever violates this subsection commits is guilty of a felony
233 of the second degree, punishable as provided in s. 775.082, s.
234 775.083, or s. 775.084.
235 (5)(a) It is unlawful for any person to knowingly possess,
236 control, or intentionally view a photograph, motion picture,
237 exhibition, show, representation, image, data, computer
238 depiction, or other presentation which, in whole or in part, he
239 or she knows to include child sexual abuse material any sexual
240 conduct by a child. The possession, control, or intentional
241 viewing of each such photograph, motion picture, exhibition,
242 show, image, data, computer depiction, representation, or
243 presentation is a separate offense. If such photograph, motion
244 picture, exhibition, show, representation, image, data, computer
245 depiction, or other presentation includes child sexual abuse
246 material depicting sexual conduct by more than one child, then
247 each such child in each such photograph, motion picture,
248 exhibition, show, representation, image, data, computer
249 depiction, or other presentation that is knowingly possessed,
250 controlled, or intentionally viewed is a separate offense. A
251 person who violates this paragraph subsection commits a felony
252 of the third degree, punishable as provided in s. 775.082, s.
253 775.083, or s. 775.084.
254 (b) Paragraph (a) This subsection does not apply to any
255 material possessed, controlled, or intentionally viewed as part
256 of a law enforcement investigation.
257 (6) Prosecution of a any person for an offense under this
258 section does shall not prohibit prosecution of that person in
259 this state for a violation of any other law of this state,
260 including a law providing for greater penalties than prescribed
261 in this section or any other crime punishing the sexual
262 performance or the sexual exploitation of children.
263 Section 4. Section 836.13, Florida Statutes, is created to
264 read:
265 836.13 Promotion of an altered sexual depiction; prohibited
266 acts; penalties; applicability.—
267 (1) As used in this section, the term:
268 (a) “Altered sexual depiction” means any visual depiction
269 that, as a result of any type of digital, electronic,
270 mechanical, or other modification, alteration, or adaptation,
271 depicts a realistic version of an identifiable person:
272 1. With the nude body parts of another person as the nude
273 body parts of the identifiable person;
274 2. With computer-generated nude body parts as the nude body
275 parts of the identifiable person; or
276 3. Engaging in sexual conduct as defined in s. 847.001 in
277 which the identifiable person did not engage.
278 (b) “Identifiable person” means a person who is
279 recognizable as an actual person by the person’s face, likeness,
280 or other distinguishing characteristic, such as a unique
281 birthmark, or other recognizable feature.
282 (c) “Nude body parts” means the human male or female
283 genitals, pubic area, or buttocks with less than fully opaque
284 covering; or the female breast with less than a fully opaque
285 covering of any portion thereof below the top of the nipple; or
286 the depiction of covered male genitals in a discernibly turgid
287 state. The term does not under any circumstances include a
288 mother breastfeeding her baby.
289 (d) “Promote” means to procure, manufacture, issue, sell,
290 give, provide, lend, mail, deliver, transfer, transmit,
291 transmute, publish, distribute, circulate, disseminate, present,
292 exhibit, send, post, share, or advertise or to offer or agree to
293 do the same.
294 (e) “Visual depiction” includes, but is not limited to, a
295 photograph, picture, image, motion picture, film, video, or
296 representation, regardless of whether such photograph, picture,
297 image, motion picture, film, video, or representation was made,
298 modified, altered, adapted, or produced by digital, electronic,
299 mechanical, or other means.
300 (2) A person who willfully and maliciously promotes any
301 altered sexual depiction of an identifiable person, without the
302 consent of the identifiable person, and who knows or reasonably
303 should have known that such visual depiction was an altered
304 sexual depiction, commits a felony of the third degree,
305 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
306 (3) Every act, thing, or transaction prohibited by this
307 section constitutes a separate offense and is punishable as
308 such.
309 (4) The presence of a disclaimer within an altered sexual
310 depiction which notifies a viewer that the person or persons
311 depicted did not consent to or participate in the creation or
312 promotion of the material, or that the person or persons
313 depicted did not actually perform the actions portrayed, is not
314 a defense and does not relieve a person of criminal liability
315 under this section.
316 (5) An aggrieved person may initiate a civil action against
317 a person who violates subsection (2) to obtain appropriate
318 relief in order to prevent or remedy a violation of subsection
319 (2), including all of the following:
320 (a) Injunctive relief.
321 (b) Monetary damages to include $10,000 or actual damages
322 incurred as a result of a violation of subsection (2), whichever
323 is greater.
324 (c) Reasonable attorney fees and costs.
325 (6) The criminal and civil penalties of this section do not
326 apply to:
327 (a) A provider of an interactive computer service as
328 defined in 47 U.S.C. s. 230(f), of an information service as
329 defined in 47 U.S.C. s. 153, or of a communications service as
330 defined in s. 202.11 which provides the transmission, storage,
331 or caching of electronic communications or messages of others;
332 another related telecommunications or commercial mobile radio
333 service; or content provided by another person;
334 (b) A law enforcement officer, as defined in s. 943.10, or
335 any local, state, federal, or military law enforcement agency
336 that promotes an altered sexual depiction in connection with the
337 performance of his or her duties as a law enforcement officer or
338 the duties of the law enforcement agency;
339 (c) A person reporting unlawful activity; or
340 (d) A person participating in a hearing, trial, or other
341 legal proceeding.
342 (7) A violation of this section is committed within this
343 state if any conduct that is an element of the offense, or any
344 harm to the depicted person resulting from the offense, occurs
345 within this state.
346 Section 5. Section 836.14, Florida Statutes, is created to
347 read:
348 836.14 Unlawfully obtaining, possessing, or promoting a
349 sexually explicit image.—
350 (1) As used in this section, the term:
351 (a) “Identifiable person” has the same meaning as in s.
352 836.13.
353 (b) “Promote” has the same meaning as in s. 836.13.
354 (c) “Sexually explicit image” means any image depicting
355 nudity as defined in s. 847.001 or a person engaging in sexual
356 conduct as defined in s. 847.001.
357 (2) A person who knowingly and unlawfully obtains a
358 sexually explicit image of an identifiable person with the
359 intent to promote such image commits a felony of the third
360 degree, punishable as provided in s. 775.082, s. 775.083, or s.
361 775.084.
362 (3) A person who willfully possesses with the intent to
363 promote for the purpose of pecuniary or any other type of
364 financial gain a sexually explicit image of an identifiable
365 person without that person’s consent commits a felony of the
366 third degree, punishable as provided in s. 775.082, s. 775.083,
367 or s. 775.084.
368 (4) A person who willfully promotes for the purpose of
369 pecuniary or any other financial gain a sexually explicit image
370 of an identifiable person without that person’s consent commits
371 a felony of the second degree, punishable as provided in s.
372 775.082, s. 775.083, or s. 775.084.
373 (5) Every act, thing, or transaction prohibited by this
374 section constitutes a separate offense and is punishable as
375 such.
376 (6) An aggrieved person may initiate a civil action against
377 a person who violates this section to obtain all appropriate
378 relief in order to prevent or remedy a violation of this
379 section, including the following:
380 (a) Injunctive relief.
381 (b) Monetary damages to include $10,000 or actual damages
382 incurred as a result of a violation of this section, whichever
383 is greater.
384 (c) Reasonable attorney fees and costs.
385 (7) The criminal and civil penalties of this section do not
386 apply to:
387 (a) A provider of an interactive computer service as
388 defined in 47 U.S.C. s. 230(f), of an information service as
389 defined in 47 U.S.C. s. 153, or of a communications service as
390 defined in s. 202.11 which provides the transmission, storage,
391 or caching of electronic communications or messages of others;
392 another related telecommunications or commercial mobile radio
393 service; or content provided by another person;
394 (b) A law enforcement officer, as defined in s. 943.10, or
395 any local, state, federal, or military law enforcement agency
396 that disseminates a sexually explicit image in connection with
397 the performance of his or her duties as a law enforcement
398 officer or the duties of the law enforcement agency;
399 (c) A person reporting unlawful activity;
400 (d) A person participating in a hearing, trial, or other
401 legal proceeding; or
402 (e) Sexually explicit images involving voluntary exposure
403 in a public or commercial setting.
404 (8) A violation of this section is committed within this
405 state if any conduct that is an element of the offense, or any
406 harm to the depicted individual resulting from the offense,
407 occurs within this state.
408 Section 6. Present subsections (7) through (11) and (12)
409 through (20) of section 847.001, Florida Statutes, are
410 redesignated as subsections (8) through (12) and (14) through
411 (22), respectively, new subsections (7) and (13) are added to
412 that section, and subsection (3) and present subsections (8),
413 (16), and (19) of that section are amended, to read:
414 847.001 Definitions.—As used in this chapter, the term:
415 (3) “Child sexual abuse material” “Child pornography”
416 means:
417 (a) Any image depicting a minor engaged in sexual conduct;
418 or
419 (b) Any image that has been created, altered, adapted, or
420 modified by electronic, mechanical, or other means, to portray
421 an identifiable minor engaged in sexual conduct.
422 (7) “Identifiable minor” means a person:
423 (a) Who was a minor at the time the image was created,
424 adapted, or modified, or whose image as a minor was used in the
425 creating, adapting, or modifying of the image; and
426 (b) Who is recognizable as an actual person by the person’s
427 face, likeness, or other distinguishing characteristic, such as
428 a unique birthmark, or other recognizable feature.
429
430 The term may not be construed to require proof of the actual
431 identity of the identifiable minor.
432 (9)(8) “Minor” or “child” means any person, whose identity
433 is known or unknown, younger than under the age of 18 years of
434 age.
435 (13) “Promote” means to procure, manufacture, issue, sell,
436 give, provide, lend, mail, deliver, transfer, transmit,
437 transmute, publish, distribute, circulate, disseminate, present,
438 exhibit, send, post, share, or advertise or to offer or agree to
439 do the same.
440 (18)(16) “Sexual conduct” means actual or simulated sexual
441 intercourse, deviate sexual intercourse, sexual bestiality,
442 masturbation, or sadomasochistic abuse; actual or simulated lewd
443 exhibition of the genitals; actual physical contact with a
444 person’s clothed or unclothed genitals, pubic area, buttocks,
445 or, if such person is a female, breast with the intent to arouse
446 or gratify the sexual desire of either party; or any act or
447 conduct which constitutes sexual battery or simulates that
448 sexual battery is being or will be committed. A mother’s
449 breastfeeding of her baby does not under any circumstance
450 constitute “sexual conduct.”
451 (21)(19) “Simulated” means the explicit depiction of
452 conduct described in subsection (18) (16) which creates the
453 appearance of such conduct and which exhibits any uncovered
454 portion of the breasts, genitals, or buttocks.
455 Section 7. Subsection (5) of section 847.011, Florida
456 Statutes, is amended to read:
457 847.011 Prohibition of certain acts in connection with
458 obscene, lewd, etc., materials; penalty.—
459 (5)(a)1. A person may not knowingly sell, lend, give away,
460 distribute, transmit, show, or transmute; offer to sell, lend,
461 give away, distribute, transmit, show, or transmute; have in his
462 or her possession, custody, or control with the intent to sell,
463 lend, give away, distribute, transmit, show, or transmute; or
464 advertise in any manner an obscene, child-like sex doll.
465 2.a. Except as provided in sub-subparagraph b., a person
466 who violates this paragraph commits a felony of the third
467 degree, punishable as provided in s. 775.082, s. 775.083, or s.
468 775.084.
469 b. A person who is convicted of violating this paragraph a
470 second or subsequent time commits a felony of the second degree,
471 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
472 (b)1. Except as provided in subparagraph 2., a person who
473 knowingly has in his or her possession, custody, or control an
474 obscene, child-like sex doll commits a misdemeanor of the first
475 degree, punishable as provided in s. 775.082 or s. 775.083.
476 2. A person who is convicted of violating this paragraph a
477 second or subsequent time commits a felony of the third degree,
478 punishable as provided in s. 775.082 or s. 775.083.
479 (c)1. A law enforcement officer may arrest without a
480 warrant any person who he or she has probable cause to believe
481 has violated paragraph (b).
482 2. Upon proper affidavits being made, a search warrant may
483 be issued to further investigate a violation of paragraph (b),
484 including to search a private dwelling.
485 Section 8. Subsections (1) through (4) of section 847.0137,
486 Florida Statutes, are amended to read:
487 847.0137 Transmission of pornography by electronic device
488 or equipment prohibited; penalties.—
489 (1) As used in this section, the term For purposes of this
490 section:
491 (a) “Minor” means any person less than 18 years of age.
492 (b) “transmit” means the act of sending and causing to be
493 delivered, including the act of providing access for receiving
494 and causing to be delivered, any image, information, or data
495 from one or more persons or places to one or more other persons
496 or places over or through any medium, including the Internet or
497 an interconnected network, by use of any electronic equipment or
498 other device.
499 (2) Notwithstanding ss. 847.012 and 847.0133, any person in
500 this state who knew or reasonably should have known that he or
501 she was transmitting child sexual abuse material child
502 pornography, as defined in s. 847.001, to another person in this
503 state or in another jurisdiction commits a felony of the third
504 degree, punishable as provided in s. 775.082, s. 775.083, or s.
505 775.084.
506 (3) Notwithstanding ss. 847.012 and 847.0133, any person in
507 any jurisdiction other than this state who knew or reasonably
508 should have known that he or she was transmitting child sexual
509 abuse material child pornography, as defined in s. 847.001, to
510 any person in this state commits a felony of the third degree,
511 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
512 (4) This section shall not be construed to prohibit
513 prosecution of a person in this state or another jurisdiction
514 for a violation of any law of this state, including a law
515 providing for greater penalties than prescribed in this section,
516 for the transmission of child sexual abuse material child
517 pornography, as defined in s. 847.001, to any person in this
518 state.
519
520 The provisions of this section do not apply to subscription
521 based transmissions such as list servers.
522 Section 9. Paragraphs (c), (d), and (e) of subsection (3)
523 of section 921.0022, Florida Statutes, are amended to read:
524 921.0022 Criminal Punishment Code; offense severity ranking
525 chart.—
526 (3) OFFENSE SEVERITY RANKING CHART
527 (c) LEVEL 3
528
529 FloridaStatute FelonyDegree Description
530 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
531 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
532 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
533 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
534 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
535 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
536 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
537 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
538 327.35(2)(b) 3rd Felony BUI.
539 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
540 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
541 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
542 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
543 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
544 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
545 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
546 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
547 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
548 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
549 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
550 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
551 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
552 697.08 3rd Equity skimming.
553 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
554 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
555 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
556 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
557 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
558 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
559 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
560 812.081(2) 3rd Theft of a trade secret.
561 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
562 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
563 817.233 3rd Burning to defraud insurer.
564 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
565 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
566 817.236 3rd Filing a false motor vehicle insurance application.
567 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
568 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
569 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
570 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
571 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
572 836.13(2) 3rd Person who promotes an altered sexual depiction of an identifiable person without consent.
573 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
574 843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
575 860.15(3) 3rd Overcharging for repairs and parts.
576 870.01(2) 3rd Riot.
577 870.01(4) 3rd Inciting a riot.
578 893.13(1)(a)2. 3rd 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).
579 893.13(1)(d)2. 2nd Sell, manufacture, or deliver 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 university.
580 893.13(1)(f)2. 2nd Sell, manufacture, or deliver 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 public housing facility.
581 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
582 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
583 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
584 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
585 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
586 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
587 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
588 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
589 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
590 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
591 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
592 944.47(1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
593 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
594 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
595 (d) LEVEL 4
596
597 FloridaStatute FelonyDegree Description
598 316.1935(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.
599 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
600 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
601 517.07(1) 3rd Failure to register securities.
602 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
603 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
604 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
605 784.075 3rd Battery on detention or commitment facility staff.
606 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
607 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
608 784.081(3) 3rd Battery on specified official or employee.
609 784.082(3) 3rd Battery by detained person on visitor or other detainee.
610 784.083(3) 3rd Battery on code inspector.
611 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
612 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
613 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
614 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
615 787.07 3rd Human smuggling.
616 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
617 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
618 790.115(2)(c) 3rd Possessing firearm on school property.
619 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
620 806.135 2nd Destroying or demolishing a memorial or historic property.
621 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
622 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
623 810.06 3rd Burglary; possession of tools.
624 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
625 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
626 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree; specified items.
627 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
628 817.505(4)(a) 3rd Patient brokering.
629 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
630 817.568(2)(a) 3rd Fraudulent use of personal identification information.
631 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
632 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
633 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
634 836.14(2) 3rd Person who obtains a sexually explicit image of an identifiable person with certain intent.
635 836.14(3) 3rd Person who possesses with intent to promote for a certain purpose a sexually explicit image of an identifiable person without consent.
636 837.02(1) 3rd Perjury in official proceedings.
637 837.021(1) 3rd Make contradictory statements in official proceedings.
638 838.022 3rd Official misconduct.
639 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
640 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
641 843.021 3rd Possession of a concealed handcuff key by a person in custody.
642 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
643 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
644 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
645 870.01(3) 2nd Aggravated rioting.
646 870.01(5) 2nd Aggravated inciting a riot.
647 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
648 893.13(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).
649 914.14(2) 3rd Witnesses accepting bribes.
650 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
651 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
652 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
653 918.12 3rd Tampering with jurors.
654 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
655 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
656 951.22(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.
657 (e) LEVEL 5
658
659 FloridaStatute FelonyDegree Description
660 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
661 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
662 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
663 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
664 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
665 379.365(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.
666 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
667 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
668 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
669 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
670 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
671 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
672 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
673 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
674 790.01(2) 3rd Carrying a concealed firearm.
675 790.162 2nd Threat to throw or discharge destructive device.
676 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
677 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
678 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
679 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
680 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
681 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
682 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
683 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
684 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
685 812.019(1) 2nd Stolen property; dealing in or trafficking in.
686 812.081(3) 2nd Trafficking in trade secrets.
687 812.131(2)(b) 3rd Robbery by sudden snatching.
688 812.16(2) 3rd Owning, operating, or conducting a chop shop.
689 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
690 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
691 817.2341(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.
692 817.568(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.
693 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
694 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
695 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
696 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child sexual abuse material sexual conduct by a child.
697 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child sexual abuse material sexual conduct by a child.
698 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
699 836.14(4) 2nd Person who promotes for a certain purpose a sexually explicit image of an identifiable person without consent.
700 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
701 843.01 3rd Resist officer with violence to person; resist arrest with violence.
702 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
703 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
704 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
705 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
706 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
707 893.13(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).
708 893.13(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.
709 893.13(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.
710 893.13(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.
711 893.13(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.
712 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
713 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
714 Section 10. Paragraph (e) of subsection (3) and subsection
715 (10) of section 960.03, Florida Statutes, are amended to read:
716 960.03 Definitions; ss. 960.01-960.28.—As used in ss.
717 960.01-960.28, unless the context otherwise requires, the term:
718 (3) “Crime” means:
719 (e) A violation of s. 827.071, s. 847.0135, s. 847.0137, or
720 s. 847.0138, related to online sexual exploitation and child
721 sexual abuse material child pornography.
722 (10) “Identified victim of child sexual abuse material
723 child pornography” means any person who, while under the age of
724 18, is depicted in any image or movie of child sexual abuse
725 material child pornography and who is identified through a
726 report generated by a law enforcement agency and provided to the
727 National Center for Missing and Exploited Children’s Child
728 Victim Identification Program.
729 Section 11. Paragraph (j) of subsection (1) of section
730 288.1254, Florida Statutes, is amended to read:
731 288.1254 Entertainment industry financial incentive
732 program.—
733 (1) DEFINITIONS.—As used in this section, the term:
734 (j) “Qualified production” means a production in this state
735 meeting the requirements of this section. The term does not
736 include a production:
737 1. In which, for the first 2 years of the incentive
738 program, less than 50 percent, and thereafter, less than 60
739 percent, of the positions that make up its production cast and
740 below-the-line production crew, or, in the case of digital media
741 projects, less than 75 percent of such positions, are filled by
742 legal residents of this state, whose residency is demonstrated
743 by a valid Florida driver license or other state-issued
744 identification confirming residency, or students enrolled full
745 time in a film-and-entertainment-related course of study at an
746 institution of higher education in this state; or
747 2. That contains obscene content as defined in s. 847.001
748 s. 847.001(10).
749 Section 12. Subsection (1) of section 847.0141, Florida
750 Statutes, is amended to read:
751 847.0141 Sexting; prohibited acts; penalties.—
752 (1) A minor commits the offense of sexting if he or she
753 knowingly:
754 (a) Uses a computer, or any other device capable of
755 electronic data transmission or distribution, to transmit or
756 distribute to another minor any photograph or video of any
757 person which depicts nudity, as defined in s. 847.001 s.
758 847.001(9), and is harmful to minors, as defined in s. 847.001
759 s. 847.001(6).
760 (b) Possesses a photograph or video of any person that was
761 transmitted or distributed by another minor which depicts
762 nudity, as defined in s. 847.001 s. 847.001(9), and is harmful
763 to minors, as defined in s. 847.001 s. 847.001(6). A minor does
764 not violate this paragraph if all of the following apply:
765 1. The minor did not solicit the photograph or video.
766 2. The minor took reasonable steps to report the photograph
767 or video to the minor’s legal guardian or to a school or law
768 enforcement official.
769 3. The minor did not transmit or distribute the photograph
770 or video to a third party.
771 Section 13. Subsection (3) of section 39.0138, Florida
772 Statutes, is amended to read:
773 39.0138 Criminal history and other records checks; limit on
774 placement of a child.—
775 (3) The department may not place a child with a person
776 other than a parent if the criminal history records check
777 reveals that the person has been convicted of any felony that
778 falls within any of the following categories:
779 (a) Child abuse, abandonment, or neglect;
780 (b) Domestic violence;
781 (c) Child sexual abuse material Child pornography or other
782 felony in which a child was a victim of the offense; or
783 (d) Homicide, sexual battery, or other felony involving
784 violence, other than felony assault or felony battery when an
785 adult was the victim of the assault or battery, or resisting
786 arrest with violence.
787 Section 14. Subsection (3) of section 92.56, Florida
788 Statutes, is amended to read:
789 92.56 Judicial proceedings and court records involving
790 sexual offenses and human trafficking.—
791 (3) The state may use a pseudonym instead of the victim’s
792 name to designate the victim of a crime described in s.
793 787.06(3)(a)1., (c)1., or (e)1., in s. 787.06(3)(b), (d), (f),
794 or (g), or in chapter 794 or chapter 800, or of child abuse,
795 aggravated child abuse, or sexual performance by a child as
796 described in chapter 827, or any crime involving the production,
797 possession, or promotion of child sexual abuse material child
798 pornography as described in chapter 847, in all court records
799 and records of court proceedings, both civil and criminal.
800 Section 15. Section 92.561, Florida Statutes, is amended to
801 read:
802 92.561 Prohibition on reproduction of child sexual abuse
803 material child pornography.—
804 (1) In a criminal proceeding, any property or material that
805 portrays sexual performance by a child as defined in s. 827.071,
806 or constitutes child sexual abuse material child pornography as
807 defined in s. 847.001, must remain secured or locked in the
808 care, custody, and control of a law enforcement agency, the
809 state attorney, or the court.
810 (2) Notwithstanding any law or rule of court, a court shall
811 deny, in a criminal proceeding, any request by the defendant to
812 copy, photograph, duplicate, or otherwise reproduce any property
813 or material that portrays sexual performance by a child or
814 constitutes child sexual abuse material child pornography so
815 long as the state attorney makes the property or material
816 reasonably available to the defendant.
817 (3) For purposes of this section, property or material is
818 deemed to be reasonably available to the defendant if the state
819 attorney provides ample opportunity at a designated facility for
820 the inspection, viewing, and examination of the property or
821 material that portrays sexual performance by a child or
822 constitutes child sexual abuse material child pornography by the
823 defendant, his or her attorney, or any individual whom the
824 defendant uses as an expert during the discovery process or at a
825 court proceeding.
826 Section 16. Paragraph (c) of subsection (4) of section
827 435.07, Florida Statutes, is amended to read:
828 435.07 Exemptions from disqualification.—Unless otherwise
829 provided by law, the provisions of this section apply to
830 exemptions from disqualification for disqualifying offenses
831 revealed pursuant to background screenings required under this
832 chapter, regardless of whether those disqualifying offenses are
833 listed in this chapter or other laws.
834 (4)
835 (c) Disqualification from employment under this chapter may
836 not be removed from, and an exemption may not be granted to, any
837 current or prospective child care personnel, as defined in s.
838 402.302(3), and such a person is disqualified from employment as
839 child care personnel, regardless of any previous exemptions from
840 disqualification, if the person has been registered as a sex
841 offender as described in 42 U.S.C. s. 9858f(c)(1)(C) or has been
842 arrested for and is awaiting final disposition of, has been
843 convicted or found guilty of, or entered a plea of guilty or
844 nolo contendere to, regardless of adjudication, or has been
845 adjudicated delinquent and the record has not been sealed or
846 expunged for, any offense prohibited under any of the following
847 provisions of state law or a similar law of another
848 jurisdiction:
849 1. A felony offense prohibited under any of the following
850 statutes:
851 a. Chapter 741, relating to domestic violence.
852 b. Section 782.04, relating to murder.
853 c. Section 782.07, relating to manslaughter, aggravated
854 manslaughter of an elderly person or disabled adult, aggravated
855 manslaughter of a child, or aggravated manslaughter of an
856 officer, a firefighter, an emergency medical technician, or a
857 paramedic.
858 d. Section 784.021, relating to aggravated assault.
859 e. Section 784.045, relating to aggravated battery.
860 f. Section 787.01, relating to kidnapping.
861 g. Section 787.025, relating to luring or enticing a child.
862 h. Section 787.04(2), relating to leading, taking,
863 enticing, or removing a minor beyond the state limits, or
864 concealing the location of a minor, with criminal intent pending
865 custody proceedings.
866 i. Section 787.04(3), relating to leading, taking,
867 enticing, or removing a minor beyond the state limits, or
868 concealing the location of a minor, with criminal intent pending
869 dependency proceedings or proceedings concerning alleged abuse
870 or neglect of a minor.
871 j. Section 794.011, relating to sexual battery.
872 k. Former s. 794.041, relating to sexual activity with or
873 solicitation of a child by a person in familial or custodial
874 authority.
875 l. Section 794.05, relating to unlawful sexual activity
876 with certain minors.
877 m. Section 794.08, relating to female genital mutilation.
878 n. Section 806.01, relating to arson.
879 o. Section 826.04, relating to incest.
880 p. Section 827.03, relating to child abuse, aggravated
881 child abuse, or neglect of a child.
882 q. Section 827.04, relating to contributing to the
883 delinquency or dependency of a child.
884 r. Section 827.071, relating to sexual performance by a
885 child.
886 s. Chapter 847, relating to child sexual abuse material
887 child pornography.
888 t. Chapter 893, relating to a drug abuse prevention and
889 control offense, if that offense was committed in the preceding
890 5 years.
891 u. Section 985.701, relating to sexual misconduct in
892 juvenile justice programs.
893 2. A misdemeanor offense prohibited under any of the
894 following statutes:
895 a. Section 784.03, relating to battery, if the victim of
896 the offense was a minor.
897 b. Section 787.025, relating to luring or enticing a child.
898 c. Chapter 847, relating to child sexual abuse material
899 child pornography.
900 3. A criminal act committed in another state or under
901 federal law which, if committed in this state, constitutes an
902 offense prohibited under any statute listed in subparagraph 1.
903 or subparagraph 2.
904 Section 17. Paragraph (z) of subsection (5) of section
905 456.074, Florida Statutes, is amended to read:
906 456.074 Certain health care practitioners; immediate
907 suspension of license.—
908 (5) The department shall issue an emergency order
909 suspending the license of any health care practitioner who is
910 arrested for committing or attempting, soliciting, or conspiring
911 to commit any act that would constitute a violation of any of
912 the following criminal offenses in this state or similar
913 offenses in another jurisdiction:
914 (z) Section 847.0137, relating to the transmission of child
915 sexual abuse material child pornography by electronic device or
916 equipment.
917 Section 18. Section 847.002, Florida Statutes, is amended
918 to read:
919 847.002 Child sexual abuse material Child pornography
920 prosecutions.—
921 (1) Any law enforcement officer who, pursuant to a criminal
922 investigation, recovers images or movies of child sexual abuse
923 material child pornography shall:
924 (a) Provide such images or movies to the law enforcement
925 agency representative assigned to the Child Victim
926 Identification Program at the National Center for Missing and
927 Exploited Children, as required by the center’s guidelines.
928 (b) Request the law enforcement agency contact information
929 from the Child Victim Identification Program for any images or
930 movies recovered which contain an identified victim of child
931 sexual abuse material child pornography as defined in s. 960.03.
932 (c) Provide case information to the Child Victim
933 Identification Program, as required by the National Center for
934 Missing and Exploited Children guidelines, in any case where the
935 law enforcement officer identifies a previously unidentified
936 victim of child sexual abuse material child pornography.
937 (2) Any law enforcement officer submitting a case for
938 prosecution which involves the production, promotion, or
939 possession of child sexual abuse material child pornography
940 shall submit to the designated prosecutor the law enforcement
941 agency contact information provided by the Child Victim
942 Identification Program at the National Center for Missing and
943 Exploited Children, for any images or movies involved in the
944 case which contain the depiction of an identified victim of
945 child sexual abuse material child pornography as defined in s.
946 960.03.
947 (3) In every filed case involving an identified victim of
948 child sexual abuse material child pornography, as defined in s.
949 960.03, the prosecuting agency shall enter the following
950 information into the Victims in Child Sexual Abuse Material
951 Child Pornography Tracking Repeat Exploitation database
952 maintained by the Office of the Attorney General:
953 (a) The case number and agency file number.
954 (b) The named defendant.
955 (c) The circuit court division and county.
956 (d) Current court dates and the status of the case.
957 (e) Contact information for the prosecutor assigned.
958 (f) Verification that the prosecutor is or is not in
959 possession of a victim impact statement and will use the
960 statement in sentencing.
961 Section 19. Subsections (1) and (4) of section 847.01357,
962 Florida Statutes, are amended to read:
963 847.01357 Exploited children’s civil remedy.—
964 (1) Any person who, while under the age of 18, was a victim
965 of a sexual abuse crime listed in chapter 794, chapter 800,
966 chapter 827, or chapter 847, where any portion of such abuse was
967 used in the production of child sexual abuse material child
968 pornography, and who suffers personal or psychological injury as
969 a result of the production, promotion, or possession of such
970 images or movies, may bring an action in an appropriate state
971 court against the producer, promoter, or possessor of such
972 images or movies, regardless of whether the victim is now an
973 adult. In any action brought under this section, a prevailing
974 plaintiff shall recover the actual damages such person sustained
975 and the cost of the suit, including reasonable attorney’s fees.
976 Any victim who is awarded damages under this section shall be
977 deemed to have sustained damages of at least $150,000.
978 (4) It is not a defense to a civil cause of action under
979 this section that the respondent did not know the victim or
980 commit the abuse depicted in any image of child sexual abuse
981 material child pornography.
982 Section 20. Section 847.0139, Florida Statutes, is amended
983 to read:
984 847.0139 Immunity from civil liability for reporting child
985 sexual abuse material child pornography, transmission of child
986 sexual abuse material child pornography, or any image,
987 information, or data harmful to minors to a minor in this
988 state.—Any person who reports to a law enforcement officer what
989 the person reasonably believes to be child sexual abuse material
990 child pornography, transmission of child sexual abuse material
991 child pornography, or any image, information, or data that is
992 harmful to minors to a minor in this state may not be held
993 civilly liable for such reporting. For purposes of this section,
994 such reporting may include furnishing the law enforcement
995 officer with any image, information, or data that the person
996 reasonably believes to be evidence of child sexual abuse
997 material child pornography, transmission of child sexual abuse
998 material child pornography, or an image, information, or data
999 that is harmful to minors to a minor in this state.
1000 Section 21. Paragraph (c) of subsection (8) of section
1001 948.06, Florida Statutes, is amended to read:
1002 948.06 Violation of probation or community control;
1003 revocation; modification; continuance; failure to pay
1004 restitution or cost of supervision.—
1005 (8)
1006 (c) For purposes of this section, the term “qualifying
1007 offense” means any of the following:
1008 1. Kidnapping or attempted kidnapping under s. 787.01,
1009 false imprisonment of a child under the age of 13 under s.
1010 787.02(3), or luring or enticing a child under s. 787.025(2)(b)
1011 or (c).
1012 2. Murder or attempted murder under s. 782.04, attempted
1013 felony murder under s. 782.051, or manslaughter under s. 782.07.
1014 3. Aggravated battery or attempted aggravated battery under
1015 s. 784.045.
1016 4. Sexual battery or attempted sexual battery under s.
1017 794.011(2), (3), (4), or (8)(b) or (c).
1018 5. Lewd or lascivious battery or attempted lewd or
1019 lascivious battery under s. 800.04(4), lewd or lascivious
1020 molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious
1021 conduct under s. 800.04(6)(b), lewd or lascivious exhibition
1022 under s. 800.04(7)(b), or lewd or lascivious exhibition on
1023 computer under s. 847.0135(5)(b).
1024 6. Robbery or attempted robbery under s. 812.13, carjacking
1025 or attempted carjacking under s. 812.133, or home invasion
1026 robbery or attempted home invasion robbery under s. 812.135.
1027 7. Lewd or lascivious offense upon or in the presence of an
1028 elderly or disabled person or attempted lewd or lascivious
1029 offense upon or in the presence of an elderly or disabled person
1030 under s. 825.1025.
1031 8. Sexual performance by a child or attempted sexual
1032 performance by a child under s. 827.071.
1033 9. Computer pornography under s. 847.0135(2) or (3),
1034 transmission of child sexual abuse material child pornography
1035 under s. 847.0137, or selling or buying of minors under s.
1036 847.0145.
1037 10. Poisoning food or water under s. 859.01.
1038 11. Abuse of a dead human body under s. 872.06.
1039 12. Any burglary offense or attempted burglary offense that
1040 is either a first degree felony or second degree felony under s.
1041 810.02(2) or (3).
1042 13. Arson or attempted arson under s. 806.01(1).
1043 14. Aggravated assault under s. 784.021.
1044 15. Aggravated stalking under s. 784.048(3), (4), (5), or
1045 (7).
1046 16. Aircraft piracy under s. 860.16.
1047 17. Unlawful throwing, placing, or discharging of a
1048 destructive device or bomb under s. 790.161(2), (3), or (4).
1049 18. Treason under s. 876.32.
1050 19. Any offense committed in another jurisdiction which
1051 would be an offense listed in this paragraph if that offense had
1052 been committed in this state.
1053 Section 22. Section 960.197, Florida Statutes, is amended
1054 to read:
1055 960.197 Assistance to victims of online sexual exploitation
1056 and child sexual abuse material child pornography.—
1057 (1) Notwithstanding the criteria set forth in s. 960.13 for
1058 crime victim compensation awards, the department may award
1059 compensation for counseling and other mental health services to
1060 treat psychological injury or trauma to:
1061 (a) A child younger than 18 years of age who suffers
1062 psychiatric or psychological injury as a direct result of online
1063 sexual exploitation under any provision of s. 827.071, s.
1064 847.0135, s. 847.0137, or s. 847.0138, and who does not
1065 otherwise sustain a personal injury or death; or
1066 (b) Any person who, while younger than age 18, was depicted
1067 in any image or movie, regardless of length, of child sexual
1068 abuse material child pornography as defined in s. 847.001, who
1069 has been identified by a law enforcement agency or the National
1070 Center for Missing and Exploited Children as an identified
1071 victim of child sexual abuse material child pornography, who
1072 suffers psychiatric or psychological injury as a direct result
1073 of the crime, and who does not otherwise sustain a personal
1074 injury or death.
1075 (2) Compensation under this section is not contingent upon
1076 pursuit of a criminal investigation or prosecution.
1077 Section 23. This act shall take effect October 1, 2022.