Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for SB 1180
Ì808900ÄÎ808900
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/11/2025 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Appropriations Committee on Criminal and Civil Justice
(Gaetz) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 800.045, Florida Statutes, is created to
6 read:
7 800.045 Lewd or lascivious images; penalties.—
8 (1) As used in this section, the term:
9 (a) “Identifiable minor” means a person:
10 1. Who was younger than 16 years of age at the time the
11 lewd or lascivious image was created, altered, adapted, or
12 modified, or whose image was used in the creating, altering,
13 adapting, or modifying of the lewd or lascivious image; and
14 2. Who is recognizable as an actual person by the person’s
15 face, likeness, or any distinguishing characteristic, such as a
16 unique birthmark, or any recognizable feature.
17
18 The term may not be construed to require proof of the actual
19 identity of the identifiable minor.
20 (b) “Intentionally view” has the same meaning as in s.
21 827.071.
22 (c) “Lewd or lascivious image” means:
23 1. Any image depicting lewd or lascivious exhibition in
24 violation of s. 800.04(7); or
25 2. Any image that has been created, altered, adapted, or
26 modified by electronic, mechanical, or other means to portray
27 lewd or lascivious exhibition in violation of s. 800.04(7)
28 committed in the presence of an identifiable minor.
29 (d) “Promote” has the same meaning as in s. 827.071.
30 (2) It is unlawful for any person to possess with the
31 intent to promote any photograph, motion picture, exhibition,
32 show, representation, or other presentation which, in whole or
33 in part, includes a lewd or lascivious image. The possession of
34 three or more copies of such photograph, motion picture,
35 representation, or presentation is prima facie evidence of an
36 intent to promote. A person who violates this subsection commits
37 a felony of the second degree, punishable as provided in s.
38 775.082, s. 775.083, or s. 775.084.
39 (3)(a) It is unlawful for any person to knowingly solicit,
40 possess, control, or intentionally view a photograph, motion
41 picture, exhibition, show, representation, image, data, computer
42 depiction, or other presentation, in whole or in part, which he
43 or she knows to include a lewd or lascivious image. The
44 solicitation, possession, control, or intentional viewing of
45 each such photograph, motion picture, exhibition, show, image,
46 data, computer depiction, representation, or presentation is a
47 separate offense. If such photograph, motion picture,
48 exhibition, show, representation, image, data, computer
49 depiction, or other presentation includes a lewd or lascivious
50 image depicting more than one minor, each such minor in each
51 such photograph, motion picture, exhibition, show,
52 representation, image, data, computer depiction, or other
53 presentation who is knowingly solicited, possessed, controlled,
54 or intentionally viewed is a separate offense. A person who
55 violates this paragraph commits a felony of the third degree,
56 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
57 (b) Paragraph (a) does not apply to any material solicited,
58 possessed, controlled, or intentionally viewed as part of a law
59 enforcement investigation.
60 (4) Prosecution of a person for an offense under this
61 section does not preclude prosecution of that person in this
62 state for a violation of any other law of this state, including
63 a law providing for greater penalties than prescribed in this
64 section or any other crime punishing the sexual performance or
65 the sexual exploitation of children.
66 Section 2. Paragraph (l) of subsection (1) and subsection
67 (5) of section 827.071, Florida Statutes, are amended, and
68 subsection (6) of that section is republished, to read:
69 827.071 Sexual performance by a child; child pornography;
70 penalties.—
71 (1) As used in this section, the following definitions
72 shall apply:
73 (l)1. “Sexual conduct” means actual or simulated sexual
74 intercourse, deviate sexual intercourse, sexual bestiality,
75 masturbation, or sadomasochistic abuse; actual or simulated lewd
76 exhibition of the genitals or anus; actual physical contact with
77 a person’s clothed or unclothed genitals, pubic area, buttocks,
78 or, if such person is a female, breast, with the intent to
79 arouse or gratify the sexual desire of either party; or any act
80 or conduct which constitutes sexual battery or simulates that
81 sexual battery is being or will be committed. A mother’s
82 breastfeeding of her baby does not under any circumstance
83 constitute “sexual conduct.”
84 2. As used in subparagraph 1., “actual or simulated lewd
85 exhibition of the genitals” may be evidenced by the overall
86 content of an image, taking into account the age of the minor
87 depicted and, including, but not limited to, whether:
88 a. The focal point of the image is on the minor’s genitals;
89 b. The setting of the image is sexually suggestive or in a
90 place or pose generally associated with sexual conduct;
91 c. The minor is depicted in an unnatural pose, or in
92 inappropriate attire, considering the age of the minor;
93 d. The image suggests sexual coyness or a willingness to
94 engage in sexual conduct; or
95 e. The image is intended or designed to elicit a sexual
96 response in the viewer.
97 (5)(a) It is unlawful for any person to knowingly solicit,
98 possess, control, or intentionally view a photograph, motion
99 picture, exhibition, show, representation, image, data, computer
100 depiction, or other presentation which, in whole or in part, he
101 or she knows to include child pornography. The solicitation,
102 possession, control, or intentional viewing of each such
103 photograph, motion picture, exhibition, show, image, data,
104 computer depiction, representation, or presentation is a
105 separate offense. If such photograph, motion picture,
106 exhibition, show, representation, image, data, computer
107 depiction, or other presentation includes child pornography
108 depicting more than one child, then each such child in each such
109 photograph, motion picture, exhibition, show, representation,
110 image, data, computer depiction, or other presentation that is
111 knowingly solicited, possessed, controlled, or intentionally
112 viewed is a separate offense. A person who violates this
113 paragraph commits a felony of the third degree, punishable as
114 provided in s. 775.082, s. 775.083, or s. 775.084.
115 (b) Paragraph (a) does not apply to any material solicited,
116 possessed, controlled, or intentionally viewed as part of a law
117 enforcement investigation.
118 (6) Prosecution of a person for an offense under this
119 section does not preclude prosecution of that person in this
120 state for a violation of any other law of this state, including
121 a law providing for greater penalties than prescribed in this
122 section or any other crime punishing the sexual performance or
123 the sexual exploitation of children.
124 Section 3. Section 827.073, Florida Statutes, is created to
125 read:
126 827.073 Altered sexual depiction of a minor; prohibited
127 acts; penalties; applicability.—
128 (1) As used in this section, the terms:
129 (a) “Altered sexual depiction,” “generate,” and “visual
130 depiction” have the same meaning as in s. 836.13.
131 (b) “Identifiable minor,” “intentionally view,” and
132 “promote” have the same meaning as in s. 827.071.
133 (c) “Possess” means to knowingly or intentionally keep,
134 control, maintain, store, or own, physically or electronically,
135 any altered sexual depiction of an identifiable person, without
136 the consent of the identifiable person.
137 (2)(a) It is unlawful for a person to knowingly possess,
138 control, or intentionally view a visual depiction that, in whole
139 or in part, he or she knows includes an altered sexual depiction
140 of an identifiable minor. The possession or control of three or
141 more copies of such visual depiction is prima facie evidence of
142 an intent to promote. The possession, control, or intentional
143 viewing of each visual depiction is a separate offense. A person
144 who violates this paragraph commits a felony of the third
145 degree, punishable as provided in s. 775.082, s. 775.083, or s.
146 775.084.
147 (b) A person who intentionally generates an altered sexual
148 depiction of a minor commits a felony of the third degree,
149 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
150 (c) A person who solicits an altered sexual depiction of a
151 minor, without the consent of the identifiable minor, and who
152 knows or reasonably should have known that such visual depiction
153 was an altered sexual depiction commits a felony of the third
154 degree, punishable as provided in s. 775.082, s. 775.083, or s.
155 775.084.
156 (d) A person who willfully and intentionally promotes an
157 altered sexual depiction of an identifiable minor, without the
158 consent of the identifiable minor, and who knows or reasonably
159 should have known that such visual depiction was an altered
160 sexual depiction commits a felony of the second degree,
161 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
162 (3) An aggrieved person may initiate a civil action against
163 a person who violates subsection (2) to obtain appropriate
164 relief in order to prevent or remedy a violation of subsection
165 (2), including all of the following:
166 (a) Injunctive relief.
167 (b) Monetary damages to include $10,000 or actual damages
168 incurred as a result of a violation of subsection (2), whichever
169 is greater.
170 (c) Reasonable attorney fees and costs.
171 (4) The criminal and civil penalties of this section do not
172 apply to:
173 (a) A provider of an interactive computer service as
174 defined in 47 U.S.C. s. 230(f), of an information service as
175 defined in 47 U.S.C. s. 153, or of a communications service as
176 defined in s. 202.11 which provides the transmission, storage,
177 or caching of electronic communications or messages of others;
178 another related telecommunications or commercial mobile radio
179 service; or content provided by another person;
180 (b) A law enforcement officer as defined in s. 943.10, or
181 any local, state, federal, or military law enforcement agency
182 engaged in the performance of his or her duties as a law
183 enforcement officer or the duties of the law enforcement agency;
184 (c) A person reporting unlawful activity;
185 (d) A person participating in a hearing, trial, or other
186 legal proceeding; or
187 (e) An identifiable person portrayed in an altered sexual
188 depiction who receives an altered sexual depiction of himself or
189 herself.
190 (5) A violation of this section is committed within this
191 state if any conduct that is an element of the offense, or any
192 harm to the depicted person resulting from the offense, occurs
193 within this state.
194 (6) Prosecution of a person for an offense under this
195 section does not preclude prosecution of that person in this
196 state for a violation of any other law of this state, including
197 a law providing for greater penalties than prescribed in this
198 section or any other crime related to child pornography or the
199 sexual performance or the sexual exploitation of children.
200 (7) Any offense under subsection (2) does not include an
201 act done for a bona fide medical, literary, academic, or
202 scientific purpose.
203 Section 4. Section 836.13, Florida Statutes, is amended to
204 read:
205 836.13 Promotion of an Altered sexual depictions depiction;
206 prohibited acts; penalties; applicability.—
207 (1) As used in this section, the term:
208 (a) “Altered sexual depiction” means any visual depiction
209 that, as a result of any type of digital, electronic,
210 mechanical, or other modification, alteration, or adaptation,
211 depicts a realistic version of an identifiable person:
212 1. With the nude body parts of another person as the nude
213 body parts of the identifiable person;
214 2. With computer-generated nude body parts as the nude body
215 parts of the identifiable person; or
216 3. Engaging in sexual conduct as defined in s. 847.001 in
217 which the identifiable person did not engage.
218 (b) “Generate” means to create, alter, adapt, or modify any
219 image by electronic, mechanical, or other computer-generated
220 means to portray an identifiable person or to offer or agree to
221 do the same.
222 (c)(b) “Identifiable person” means a person who is
223 recognizable as an actual person by the person’s face, likeness,
224 or other distinguishing characteristic, such as a unique
225 birthmark, or other recognizable feature.
226 (d)(c) “Nude body parts” means the human male or female
227 genitals, pubic area, or buttocks with less than fully opaque
228 covering; or the female breast with less than a fully opaque
229 covering of any portion thereof below the top of the nipple; or
230 the depiction of covered male genitals in a discernibly turgid
231 state. The term does not under any circumstances include a
232 mother breastfeeding her baby.
233 (e)(d) “Promote” means to issue, sell, give, provide, lend,
234 mail, deliver, transfer, transmit, transmute, publish,
235 distribute, circulate, disseminate, present, exhibit, send,
236 post, share, or advertise or to offer or agree to do the same.
237 (f)(e) “Visual depiction” includes, but is not limited to,
238 a photograph, picture, image, motion picture, film, video, or
239 other visual representation.
240 (2) A person who willfully and maliciously promotes, or
241 possesses with the intent to promote, any altered sexual
242 depiction of an identifiable person, without the consent of the
243 identifiable person, and who knows or reasonably should have
244 known that such visual depiction was an altered sexual
245 depiction, commits a felony of the third degree, punishable as
246 provided in s. 775.082, s. 775.083, or s. 775.084.
247 (3) A person who willfully generates an altered sexual
248 depiction of an identifiable person without the consent of the
249 identifiable person, and who knows or reasonably should have
250 known that such visual depiction was an altered sexual
251 depiction, commits a felony of the third degree, punishable as
252 provided in s. 775.082, s. 775.083, or s. 775.084.
253 (4) A person who solicits an altered sexual depiction of an
254 identifiable person without the consent of the identifiable
255 person, and who knows or reasonably should have known that such
256 visual depiction was an altered sexual depiction, commits a
257 felony of the third degree, punishable as provided in s.
258 775.082, s. 775.083, or s. 775.084.
259 (5) Every act, thing, or transaction prohibited by this
260 section constitutes a separate offense and is punishable as
261 such.
262 (6)(4) The presence of a disclaimer within an altered
263 sexual depiction which notifies a viewer that the person or
264 persons depicted did not consent to or participate in the
265 generation creation or promotion of the material, or that the
266 person or persons depicted did not actually perform the actions
267 portrayed, is not a defense and does not relieve a person of
268 criminal liability under this section.
269 (7)(5) An aggrieved person may initiate a civil action
270 against a person who violates subsection (2), subsection (3), or
271 subsection (4) to obtain appropriate relief in order to prevent
272 or remedy a violation of subsection (2), subsection (3), or
273 subsection (4), including all of the following:
274 (a) Injunctive relief.
275 (b) Monetary damages to include $10,000 or actual damages
276 incurred as a result of a violation of subsection (2),
277 subsection (3), or subsection (4), whichever is greater.
278 (c) Reasonable attorney fees and costs.
279 (8)(6) The criminal and civil penalties of this section do
280 not apply to:
281 (a) A provider of an interactive computer service as
282 defined in 47 U.S.C. s. 230(f), of an information service as
283 defined in 47 U.S.C. s. 153, or of a communications service as
284 defined in s. 202.11 which provides the transmission, storage,
285 or caching of electronic communications or messages of others;
286 another related telecommunications or commercial mobile radio
287 service; or content provided by another person;
288 (b) A law enforcement officer, as defined in s. 943.10, or
289 any local, state, federal, or military law enforcement agency
290 engaged in that promotes an altered sexual depiction in
291 connection with the performance of his or her duties as a law
292 enforcement officer or the duties of the law enforcement agency;
293 (c) A person reporting unlawful activity; or
294 (d) A person participating in a hearing, trial, or other
295 legal proceeding; or
296 (e) An identifiable person portrayed in an altered sexual
297 depiction who receives an altered sexual depiction of himself or
298 herself.
299 (9)(7) A violation of this section is committed within this
300 state if any conduct that is an element of the offense, or any
301 harm to the depicted person resulting from the offense, occurs
302 within this state.
303 (10)(8) Prosecution of a person for an offense under this
304 section does not preclude prosecution of that person in this
305 state for a violation of any other law of this state, including
306 a law providing for greater penalties than prescribed in this
307 section or any other crime related to child pornography or the
308 sexual performance or the sexual exploitation of children.
309 (11) Any offense under subsection (2), subsection (3), or
310 subsection (4) does not include an act done for a bona fide
311 medical, literary, academic, or scientific purpose.
312 Section 5. Paragraphs (b), (c), and (d) of subsection (3)
313 of section 921.0022, Florida Statutes, are amended to read:
314 921.0022 Criminal Punishment Code; offense severity ranking
315 chart.—
316 (3) OFFENSE SEVERITY RANKING CHART
317 (b) LEVEL 2
318
319 FloridaStatute FelonyDegree Description
320 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
321 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
322 403.413(6)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
323 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
324 590.28(1) 3rd Intentional burning of lands.
325 784.03(3) 3rd Battery during a riot or an aggravated riot.
326 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
327 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
328 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
329 806.13(3) 3rd Criminal mischief; damage of $200 or more to a memorial or historic property.
330 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
331 810.09(2)(d) 3rd Trespassing on posted commercial horticulture property.
332 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or more but less than $5,000.
333 812.014(2)(d)1. 3rd Grand theft, 3rd degree; $40 or more but less than $750, taken from dwelling or its unenclosed curtilage.
334 812.014(2)(e)2. 3rd Petit theft, 1st degree; less than $40 taken from dwelling or its unenclosed curtilage with one prior theft conviction.
335 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
336 817.234(1)(a)2. 3rd False statement in support of insurance claim.
337 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
338 817.52(3) 3rd Failure to redeliver hired vehicle.
339 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
340 817.60(5) 3rd Dealing in credit cards of another.
341 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
342 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
343 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
344 831.01 3rd Forgery.
345 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
346 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
347 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
348 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
349 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
350 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
351 836.13(4) 3rd Soliciting an altered sexual depiction of an identifiable person without consent.
352 843.01(2) 3rd Resist police canine or police horse with violence; under certain circumstances.
353 843.08 3rd False personation.
354 843.19(3) 3rd Touch or strike police, fire, SAR canine or police horse.
355 893.13(2)(a)2. 3rd Purchase of any 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 other than cannabis.
356 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
357
358 (c) LEVEL 3
359
360 FloridaStatute FelonyDegree Description
361 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
362 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
363 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
364 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
365 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
366 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
367 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
368 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
369 327.35(2)(b) 3rd Felony BUI.
370 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
371 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
372 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
373 379.2431 (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.
374 379.2431 (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.
375 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
376 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
377 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
378 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
379 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
380 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
381 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
382 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
383 697.08 3rd Equity skimming.
384 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
385 794.053 3rd Lewd or lascivious written solicitation of a person 16 or 17 years of age by a person 24 years of age or older.
386 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
387 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
388 810.09(2)(b) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
389 810.145(2)(c) 3rd Digital voyeurism; 19 years of age or older.
390 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
391 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
392 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
393 812.081(2) 3rd Theft of a trade secret.
394 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
395 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
396 817.233 3rd Burning to defraud insurer.
397 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
398 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
399 817.236 3rd Filing a false motor vehicle insurance application.
400 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
401 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
402 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
403 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
404 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
405 836.13(2) 3rd Person who promotes, or possesses with intent to promote, an altered sexual depiction of an identifiable person without consent.
406 836.13(3) 3rd Person who generates an altered sexual depiction of an identifiable person without consent.
407 836.13(4) 3rd Person who solicits an altered sexual depiction of an identifiable person without consent.
408 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
409 847.01385 3rd Harmful communication to a minor.
410 860.15(3) 3rd Overcharging for repairs and parts.
411 870.01(2) 3rd Riot.
412 870.01(4) 3rd Inciting a riot.
413 893.13(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).
414 893.13(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.
415 893.13(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.
416 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
417 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
418 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
419 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
420 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
421 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
422 893.13(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.
423 893.13(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.
424 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
425 893.13(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.
426 918.13(1) 3rd Tampering with or fabricating physical evidence.
427 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
428 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
429 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
430
431 (d) LEVEL 4
432
433 FloridaStatute FelonyDegree Description
434 104.155 3rd Unqualified noncitizen electors voting; aiding or soliciting noncitizen electors in voting.
435 316.1935(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.
436 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
437 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
438 517.07(1) 3rd Failure to register securities.
439 517.12(1) 3rd Failure of dealer or associated person of a dealer of securities to register.
440 784.031 3rd Battery by strangulation.
441 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
442 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
443 784.075 3rd Battery on detention or commitment facility staff.
444 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
445 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
446 784.081(3) 3rd Battery on specified official or employee.
447 784.082(3) 3rd Battery by detained person on visitor or other detainee.
448 784.083(3) 3rd Battery on code inspector.
449 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
450 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
451 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
452 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
453 787.07 3rd Human smuggling.
454 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
455 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
456 790.115(2)(c) 3rd Possessing firearm on school property.
457 794.051(1) 3rd Indecent, lewd, or lascivious touching of certain minors.
458 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
459 806.135 2nd Destroying or demolishing a memorial or historic property.
460 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
461 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
462 810.06 3rd Burglary; possession of tools.
463 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
464 810.145(3)(b) 3rd Digital voyeurism dissemination.
465 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
466 812.014 (2)(c)4. & 6.-10. 3rd Grand theft, 3rd degree; specified items.
467 812.014(2)(d)2. 3rd Grand theft, 3rd degree; $750 or more taken from dwelling or its unenclosed curtilage.
468 812.014(2)(e)3. 3rd Petit theft, 1st degree; less than $40 taken from dwelling or its unenclosed curtilage with two or more prior theft convictions.
469 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
470 817.505(4)(a) 3rd Patient brokering.
471 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
472 817.568(2)(a) 3rd Fraudulent use of personal identification information.
473 817.5695(3)(c) 3rd Exploitation of person 65 years of age or older, value less than $10,000.
474 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
475 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
476 827.073(2)(a) 3rd Possession, control, or intentionally viewing of an altered sexual depiction of an identifiable minor.
477 827.073(2)(b) 3rd Generation of an altered sexual depiction of a minor.
478 827.073(2)(c) 3rd Solicitation of an altered sexual depiction of an identifiable minor.
479 827.073(2)(d) 3rd Promotion of an altered sexual depiction of an identifiable minor.
480 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
481 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it.
482 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose.
483 837.02(1) 3rd Perjury in official proceedings.
484 837.021(1) 3rd Make contradictory statements in official proceedings.
485 838.022 3rd Official misconduct.
486 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
487 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
488 843.021 3rd Possession of a concealed handcuff key by a person in custody.
489 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
490 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
491 843.19(2) 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
492 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
493 870.01(3) 2nd Aggravated rioting.
494 870.01(5) 2nd Aggravated inciting a riot.
495 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
496 893.13(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).
497 914.14(2) 3rd Witnesses accepting bribes.
498 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
499 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
500 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
501 918.12 3rd Tampering with jurors.
502 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
503 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
504 951.22(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.
505
506 Section 6. This act shall take effect October 1, 2025.
507
508 ================= T I T L E A M E N D M E N T ================
509 And the title is amended as follows:
510 Delete everything before the enacting clause
511 and insert:
512 A bill to be entitled
513 An act relating to sexual images; creating s. 800.045,
514 F.S.; defining terms; prohibiting a person from
515 possessing with the intent to promote specified
516 depictions that include a lewd or lascivious image;
517 providing criminal penalties; prohibiting a person
518 from knowingly soliciting, possessing, controlling, or
519 intentionally viewing a depiction that includes a lewd
520 or lascivious image; providing criminal penalties;
521 providing applicability; amending s. 827.071, F.S.;
522 revising the definition of the term “sexual conduct”;
523 prohibiting a person from soliciting specified
524 depictions of child pornography; specifying that the
525 solicitation of each specified depiction or each child
526 depicted is a separate offense; providing criminal
527 penalties; revising applicability; creating s.
528 827.073, F.S.; defining terms; prohibiting a person
529 from knowingly possessing, controlling, or
530 intentionally viewing a visual depiction he or she
531 knows includes an altered sexual depiction of an
532 identifiable minor; providing for prima facie evidence
533 of intent to promote; providing criminal penalties;
534 providing criminal penalties for persons who
535 intentionally generate an altered sexual depiction of
536 a minor; providing criminal penalties for persons who
537 solicit an altered sexual depiction of a minor,
538 without consent of the identifiable minor, and who
539 know or reasonably should have known that such visual
540 depiction was an altered sexual depiction; providing
541 criminal penalties for persons who willfully and
542 intentionally promote an altered sexual depiction of
543 an identifiable minor, without consent of the
544 identifiable minor, and who know or reasonably should
545 have known that such visual depiction was an altered
546 sexual depiction; providing for a civil cause of
547 action; providing for injunctive relief, damages, and
548 attorney fees and costs; providing applicability;
549 amending s. 836.13, F.S.; defining the term
550 “generate”; providing criminal penalties for persons
551 who possess with the intent to promote an altered
552 sexual depiction of an identifiable person without the
553 consent of the identifiable person; providing criminal
554 penalties for a persons who willfully generate or
555 solicit an altered sexual depiction of an identifiable
556 person, without the consent of the identifiable
557 person, and who know or reasonably should have known
558 that such visual depiction was an altered sexual
559 depiction; revising what is not considered a defense
560 to such offenses; providing for a civil cause of
561 action; providing for injunctive relief, damages, and
562 attorney fees and costs; revising and providing
563 applicability; amending s. 921.0022, F.S.; ranking
564 offenses created by and an offense revised by the act
565 for purposes of the severity ranking chart of the
566 Criminal Punishment Code; making a conforming change;
567 providing an effective date.