Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 1750
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LEGISLATIVE ACTION
Senate . House
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The Appropriations Committee on Criminal and Civil Justice
(Martin) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (2) of section 775.0847, Florida
6 Statutes, is amended, and subsection (3) of that section is
7 republished, to read:
8 775.0847 Possession or promotion of certain images of child
9 pornography; reclassification.—
10 (2) A violation of s. 827.071, s. 847.0135, s. 847.0137, or
11 s. 847.0138 shall be reclassified to the next higher degree as
12 provided in subsection (3) if:
13 (a) The offender possesses 10 or more images of any form of
14 child pornography regardless of content; and
15 (b) The content of at least one image contains one or more
16 of the following:
17 1. A child who is younger than the age of 12 5.
18 2. Sadomasochistic abuse involving a child.
19 3. Sexual battery involving a child.
20 4. Sexual bestiality involving a child.
21 5. Any motion picture, film, video, or computer-generated
22 motion picture, film, or video involving a child, regardless of
23 length and regardless of whether the motion picture, film,
24 video, or computer-generated motion picture, film, or video
25 contains sound.
26 (3)(a) In the case of a felony of the third degree, the
27 offense is reclassified to a felony of the second degree.
28 (b) In the case of a felony of the second degree, the
29 offense is reclassified to a felony of the first degree.
30
31 For purposes of sentencing under chapter 921 and determining
32 incentive gain-time eligibility under chapter 944, a felony
33 offense that is reclassified under this section is ranked one
34 level above the ranking under s. 921.0022 or s. 921.0023 of the
35 offense committed.
36 Section 2. Subsection (1) of section 794.0116, Florida
37 Statutes, is amended to read:
38 794.0116 Sexual offenses by persons previously convicted of
39 sexual offenses.—
40 (1) A person who was previously convicted of or had
41 adjudication withheld for an offense specified in s.
42 943.0435(1)(h)1.a. and commits a violation of s. 800.04(5); s.
43 825.1025(3); s. 827.071(2), (3), (4), or (5)(a); s. 847.0135; s.
44 847.0137; or s. 847.0145 shall be sentenced to a mandatory
45 minimum term of imprisonment as follows:
46
47 Statute Mandatory Minimum
48 (a) 800.04(5) 15 10 years
49 (b) 825.1025(3) 10 years
50 (c) 827.071(2) 30 20 years
51 (d) 827.071(3) 20 years
52 (e) 827.071(4) 15 years
53 (f) 827.071(5)(a) 10 years
54 (g) 847.0135 10 years
55 (h) 847.0137 10 years
56 (i) 847.0145 30 20 years
57
58 Section 3. Subsections (2) and (3) and paragraph (a) of
59 subsection (5) of section 827.071, Florida Statutes, are
60 amended, and subsection (7) is added to that section, to read:
61 827.071 Sexual performance by a child; child pornography;
62 penalties.—
63 (2)(a) A person is guilty of the use of a child in a sexual
64 performance if, knowing the character and content thereof, he or
65 she employs, authorizes, or induces a child to engage in a
66 sexual performance or, being a parent, legal guardian, or
67 custodian of such child, consents to the participation by such
68 child in a sexual performance. A person who violates this
69 subsection commits a felony of the first second degree,
70 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
71 Except as provided in subsection (7), a person 18 years of age
72 or older at the time of the offense who is convicted of a
73 violation of this paragraph must be sentenced to a mandatory
74 minimum term of imprisonment of 15 years.
75 (b) A person is guilty of aggravated use of a child in a
76 sexual performance if, knowing the character and content
77 thereof, he or she employs, authorizes, or induces a child
78 younger than 12 years of age to engage in a sexual performance.
79 A person who violates this paragraph commits a life felony,
80 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
81 A person 18 years of age or older at the time of the offense who
82 is convicted of a violation of this paragraph must be sentenced
83 to a mandatory minimum term of imprisonment of 25 years.
84 (3) A person is guilty of promoting a sexual performance by
85 a child when, knowing the character and content thereof, he or
86 she produces, directs, or promotes any performance which
87 includes sexual conduct by a child. A person who violates this
88 subsection commits a felony of the second degree, punishable as
89 provided in s. 775.082, s. 775.083, or s. 775.084. Except as
90 provided in subsection (7), a person 18 years of age or older at
91 the time of the offense who is convicted of a violation of this
92 subsection must be sentenced to a mandatory minimum term of
93 imprisonment of 5 years.
94 (5)(a) It is unlawful for any person to knowingly solicit,
95 possess, control, or intentionally view a photograph, motion
96 picture, exhibition, show, representation, image, data, computer
97 depiction, or other presentation which, in whole or in part, he
98 or she knows to include child pornography. The solicitation,
99 possession, control, or intentional viewing of each such
100 photograph, motion picture, exhibition, show, image, data,
101 computer depiction, representation, or presentation is a
102 separate offense. If such photograph, motion picture,
103 exhibition, show, representation, image, data, computer
104 depiction, or other presentation includes child pornography
105 depicting more than one child, then each such child in each such
106 photograph, motion picture, exhibition, show, representation,
107 image, data, computer depiction, or other presentation that is
108 knowingly solicited, possessed, controlled, or intentionally
109 viewed is a separate offense. A person who violates this
110 paragraph commits a felony of the second third degree,
111 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
112 (7) A court is not required to impose a mandatory minimum
113 term of imprisonment for a violation of this section if the
114 court makes the following written findings related to the sexual
115 performance that forms the basis of the violation:
116 (a) The child depicted in the sexual performance was 14
117 years of age or older at the time the sexual performance was
118 created;
119 (b) The sexual performance was created with the depicted
120 child’s permission;
121 (c) The offender was not more than 4 years older than the
122 depicted child at the time the sexual performance was created;
123 and
124 (d) The offender did not promote the sexual performance to
125 any third party.
126 Section 4. Section 827.072, Florida Statutes, is amended to
127 read:
128 827.072 Generated child pornography.—
129 (1) As used in this section, the term:
130 (a) “Generated child pornography” means any image that has
131 been created, altered, adapted, or modified by electronic,
132 mechanical, or other computer-generated means to portray a
133 fictitious person, who a reasonable person would regard as being
134 a real person younger than 18 years of age, engaged in sexual
135 conduct.
136 (b) “Intentionally view” has the same meaning as in s.
137 827.071.
138 (c) “Sexual conduct” has the same meaning as in s. 827.071.
139 (d) “Transmit” has the same meaning as in s. 847.0137.
140 (2)(a) It is unlawful for a person to knowingly possess or
141 control or intentionally view a photograph, a motion picture, a
142 representation, an image, a data file, a computer depiction, or
143 any other presentation which, in whole or in part, he or she
144 knows includes generated child pornography. The possession,
145 control, or intentional viewing of each such photograph, motion
146 picture, representation, image, data file, computer depiction,
147 or other presentation is a separate offense. A person who
148 violates this paragraph commits a felony of the third degree,
149 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
150 (b)1. Notwithstanding ss. 847.012 and 847.0133, any person
151 in this state who knew or reasonably should have known that he
152 or she was transmitting generated child pornography to another
153 person in this state or in another jurisdiction commits a felony
154 of the second degree, punishable as provided in s. 775.082, s.
155 775.083, or s. 775.084.
156 2. Notwithstanding ss. 847.012 and 847.0133, any person in
157 any jurisdiction other than this state who knew or reasonably
158 should have known that he or she was transmitting generated
159 child pornography to any person in this state commits a felony
160 of the second degree, punishable as provided in s. 775.082, s.
161 775.083, or s. 775.084.
162 3. A person is subject to prosecution in this state
163 pursuant to chapter 910 for any act or conduct proscribed by
164 this paragraph, including a person in a jurisdiction other than
165 this state, if the act or conduct violates subparagraph 2.
166 (c) A person who intentionally creates generated child
167 pornography commits a felony of the second third degree,
168 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
169 (d)(c) Paragraph (a) does not apply to any material
170 possessed, controlled, or intentionally viewed as part of a law
171 enforcement investigation.
172 Section 5. Section 828.126, Florida Statutes, is amended to
173 read:
174 828.126 Sexual activities involving animals.—
175 (1) As used in this section, the term “sexual contact with
176 an animal” means any act committed between a person and an
177 animal for the purpose of sexual gratification, abuse, or
178 financial gain which involves:
179 (a) Contact between the sex organ or anus of one and the
180 mouth, sex organ, or anus of the other;
181 (b) The fondling of the sex organ or anus of an animal; or
182 (c) The insertion, however slight, of any part of the body
183 of a person or any object into the vaginal or anal opening of an
184 animal, or the insertion of any part of the body of an animal
185 into the vaginal or anal opening of a person.
186 (2) A person may not:
187 (a) knowingly engage in any sexual contact with an animal.
188 A person who violates this subsection commits a felony of the
189 second degree, punishable as provided in s. 775.082, s. 775.083,
190 or s. 775.084.;
191 (3)(b) A person may not knowingly cause, aid, or abet
192 another person to engage in any sexual contact with an animal. A
193 person who violates this subsection commits a felony of the
194 second degree, punishable as provided in s. 775.082, s. 775.083,
195 or s. 775.084.;
196 (4)(c) A person may not knowingly permit any sexual contact
197 with an animal to be conducted on any premises under his or her
198 charge or control. A person who violates this subsection commits
199 a felony of the third degree, punishable as provided in s.
200 775.082, s. 775.083, or s. 775.084.;
201 (5)(d) A person may not knowingly organize, promote,
202 conduct, aid, abet, participate in as an observer, or advertise,
203 offer, solicit, or accept an offer of an animal for the purpose
204 of sexual contact with such animal, or perform any service in
205 the furtherance of an act involving any sexual contact with an
206 animal. A person who violates this subsection commits a felony
207 of the third degree, punishable as provided in s. 775.082, s.
208 775.083, or s. 775.084.; or
209 (6)(e) A person may not knowingly film, distribute, or
210 possess any pornographic image or video of a person and an
211 animal engaged in any of the activities prohibited by this
212 section.
213 (3) A person who violates this subsection section commits a
214 felony of the third degree, punishable as provided in s.
215 775.082, s. 775.083, or s. 775.084.
216 (7)(4) In addition to other penalties prescribed by law,
217 the court shall issue an order prohibiting a person convicted
218 under this section from harboring, owning, possessing, or
219 exercising control over any animal; from residing in any
220 household in which animals are present; and from engaging in an
221 occupation, whether paid or unpaid, or participating in a
222 volunteer position at any establishment at which animals are
223 present. The order shall may be effective for at least up to 5
224 years after the date of the conviction, regardless of whether
225 adjudication is withheld.
226 (8)(5) This section does not apply to accepted animal
227 husbandry practices, including, but not limited to, bona fide
228 agricultural purposes, assistance with the birthing process or
229 artificial insemination of an animal for reproductive purposes,
230 accepted conformation judging practices, or accepted veterinary
231 medical practices.
232 Section 6. Subsection (12) is added to section 847.011,
233 Florida Statutes, and subsections (1) through (11) of that
234 section are republished, to read:
235 847.011 Prohibition of certain acts in connection with
236 obscene, lewd, etc., materials; penalty.—
237 (1)(a) Except as provided in paragraph (c), any person who
238 knowingly sells, lends, gives away, distributes, transmits,
239 shows, or transmutes, or offers to sell, lend, give away,
240 distribute, transmit, show, or transmute, or has in his or her
241 possession, custody, or control with intent to sell, lend, give
242 away, distribute, transmit, show, transmute, or advertise in any
243 manner, any obscene book, magazine, periodical, pamphlet,
244 newspaper, comic book, story paper, written or printed story or
245 article, writing, paper, card, picture, drawing, photograph,
246 motion picture film, figure, image, phonograph record, or wire
247 or tape or other recording, or any written, printed, or recorded
248 matter of any such character which may or may not require
249 mechanical or other means to be transmuted into auditory,
250 visual, or sensory representations of such character, or any
251 article or instrument for obscene use, or purporting to be for
252 obscene use or purpose; or who knowingly designs, copies, draws,
253 photographs, poses for, writes, prints, publishes, or in any
254 manner whatsoever manufactures or prepares any such material,
255 matter, article, or thing of any such character; or who
256 knowingly writes, prints, publishes, or utters, or causes to be
257 written, printed, published, or uttered, any advertisement or
258 notice of any kind, giving information, directly or indirectly,
259 stating, or purporting to state, where, how, of whom, or by what
260 means any, or what purports to be any, such material, matter,
261 article, or thing of any such character can be purchased,
262 obtained, or had; or who in any manner knowingly hires, employs,
263 uses, or permits any person knowingly to do or assist in doing
264 any act or thing mentioned above, commits a misdemeanor of the
265 first degree, punishable as provided in s. 775.082 or s.
266 775.083. A person who, after having been convicted of a
267 violation of this subsection, thereafter violates any of its
268 provisions, commits a felony of the third degree, punishable as
269 provided in s. 775.082, s. 775.083, or s. 775.084.
270 (b) The knowing possession by any person of three or more
271 identical or similar materials, matters, articles, or things
272 coming within the provisions of paragraph (a) is prima facie
273 evidence of the violation of the paragraph.
274 (c) A person who commits a violation of paragraph (a) or
275 subsection (2) which is based on materials that depict a minor
276 engaged in any act or conduct that is harmful to minors commits
277 a felony of the third degree, punishable as provided in s.
278 775.082, s. 775.083, or s. 775.084.
279 (d) A person’s ignorance of a minor’s age, a minor’s
280 misrepresentation of his or her age, a bona fide belief of a
281 minor’s age, or a minor’s consent may not be raised as a defense
282 in a prosecution for one or more violations of paragraph (a) or
283 subsection (2).
284 (2) Except as provided in paragraph (1)(c), a person who
285 knowingly has in his or her possession, custody, or control any
286 obscene book, magazine, periodical, pamphlet, newspaper, comic
287 book, story paper, written or printed story or article, writing,
288 paper, card, picture, drawing, photograph, motion picture film,
289 film, any sticker, decal, emblem or other device attached to a
290 motor vehicle containing obscene descriptions, photographs, or
291 depictions, any figure, image, phonograph record, or wire or
292 tape or other recording, or any written, printed, or recorded
293 matter of any such character which may or may not require
294 mechanical or other means to be transmuted into auditory,
295 visual, or sensory representations of such character, or any
296 article or instrument for obscene use, or purporting to be for
297 obscene use or purpose, without intent to sell, lend, give away,
298 distribute, transmit, show, transmute, or advertise the same,
299 commits a misdemeanor of the second degree, punishable as
300 provided in s. 775.082 or s. 775.083. A person who, after having
301 been convicted of violating this subsection, thereafter violates
302 any of its provisions commits a misdemeanor of the first degree,
303 punishable as provided in s. 775.082 or s. 775.083. In any
304 prosecution for such possession, it is not necessary to allege
305 or prove the absence of such intent.
306 (3) No person shall as a condition to a sale, allocation,
307 consignment, or delivery for resale of any paper, magazine,
308 book, periodical, or publication require that the purchaser or
309 consignee receive for resale any other article, paper, magazine,
310 book, periodical, or publication reasonably believed by the
311 purchaser or consignee to be obscene, and no person shall deny
312 or threaten to deny or revoke any franchise or impose or
313 threaten to impose any penalty, financial or otherwise, by
314 reason of the failure of any person to accept any such article,
315 paper, magazine, book, periodical, or publication, or by reason
316 of the return thereof. Whoever violates this subsection is
317 guilty of a felony of the third degree, punishable as provided
318 in s. 775.082, s. 775.083, or s. 775.084.
319 (4) Any person who knowingly promotes, conducts, performs,
320 or participates in an obscene show, exhibition, or performance
321 by live persons or a live person before an audience is guilty of
322 a misdemeanor of the first degree, punishable as provided in s.
323 775.082 or s. 775.083. Any person who, after having been
324 convicted of violating this subsection, thereafter violates any
325 of its provisions and is convicted thereof is guilty of a felony
326 of the third degree, punishable as provided in s. 775.082, s.
327 775.083, or s. 775.084.
328 (5)(a)1. A person may not knowingly sell, lend, give away,
329 distribute, transmit, show, or transmute; offer to sell, lend,
330 give away, distribute, transmit, show, or transmute; have in his
331 or her possession, custody, or control with the intent to sell,
332 lend, give away, distribute, transmit, show, or transmute; or
333 advertise in any manner an obscene, child-like sex doll.
334 2.a. Except as provided in sub-subparagraph b., a person
335 who violates this paragraph commits a felony of the third
336 degree, punishable as provided in s. 775.082, s. 775.083, or s.
337 775.084.
338 b. A person who is convicted of violating this paragraph a
339 second or subsequent time commits a felony of the second degree,
340 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
341 (b)1. Except as provided in subparagraph 2., a person who
342 knowingly has in his or her possession, custody, or control an
343 obscene, child-like sex doll commits a misdemeanor of the first
344 degree, punishable as provided in s. 775.082 or s. 775.083.
345 2. A person who is convicted of violating this paragraph a
346 second or subsequent time commits a felony of the third degree,
347 punishable as provided in s. 775.082 or s. 775.083.
348 (c)1. A law enforcement officer may arrest without a
349 warrant any person who he or she has probable cause to believe
350 has violated paragraph (b).
351 2. Upon proper affidavits being made, a search warrant may
352 be issued to further investigate a violation of paragraph (b),
353 including to search a private dwelling.
354 (6) Every act, thing, or transaction forbidden by this
355 section shall constitute a separate offense and shall be
356 punishable as such.
357 (7) Proof that a defendant knowingly committed any act or
358 engaged in any conduct referred to in this section may be made
359 by showing that at the time such act was committed or conduct
360 engaged in the defendant had actual knowledge of the contents or
361 character of the material, matter, article, or thing possessed
362 or otherwise dealt with, by showing facts and circumstances from
363 which it may fairly be inferred that he or she had such
364 knowledge, or by showing that he or she had knowledge of such
365 facts and circumstances as would put a person of ordinary
366 intelligence and caution on inquiry as to such contents or
367 character.
368 (8) There shall be no right of property in any of the
369 materials, matters, articles, or things possessed or otherwise
370 dealt with in violation of this section; and, upon the seizure
371 of any such material, matter, article, or thing by any
372 authorized law enforcement officer, the same shall be held by
373 the arresting agency. When the same is no longer required as
374 evidence, the prosecuting officer or any claimant may move the
375 court in writing for the disposition of the same and, after
376 notice and hearing, the court, if it finds the same to have been
377 possessed or otherwise dealt with in violation of this section,
378 shall order the sheriff to destroy the same in the presence of
379 the clerk; otherwise, the court shall order the same returned to
380 the claimant if the claimant shows that he or she is entitled to
381 possession. If destruction is ordered, the sheriff and clerk
382 shall file a certificate of compliance.
383 (9)(a) The circuit court has jurisdiction to enjoin a
384 threatened violation of this section upon complaint filed by the
385 state attorney or attorney for a municipality in the name of the
386 state upon the relation of such state attorney or attorney for a
387 municipality.
388 (b) After the filing of such a complaint, the judge to whom
389 it is presented may grant an order restraining the person
390 complained of until final hearing or further order of the court.
391 Whenever the relator state attorney or attorney for a
392 municipality requests a judge of such court to set a hearing
393 upon an application for such a restraining order, such judge
394 shall set such hearing for a time within 3 days after the making
395 of such request. No such order shall be made unless such judge
396 is satisfied that sufficient notice of the application therefor
397 has been given to the party restrained of the time when and
398 place where the application for such restraining order is to be
399 made; however, such notice shall be dispensed with when it is
400 manifest to such judge, from the sworn allegations of the
401 complaint or the affidavit of the plaintiff or other competent
402 person, that the apprehended violation will be committed if an
403 immediate remedy is not afforded.
404 (c) The person sought to be enjoined shall be entitled to a
405 trial of the issues within 1 day after joinder of issue, and a
406 decision shall be rendered by the court within 2 days of the
407 conclusion of the trial.
408 (d) In any action brought as provided in this subsection,
409 no bond or undertaking shall be required of the state attorney
410 or the municipality or its attorney before the issuance of a
411 restraining order provided for by paragraph (b), and there shall
412 be no liability on the part of the state or the state attorney
413 or the municipality or its attorney for costs or for damages
414 sustained by reason of such restraining order in any case where
415 a final decree is rendered in favor of the person sought to be
416 enjoined.
417 (e) Every person who has possession, custody, or control
418 of, or otherwise deals with, any of the materials, matters,
419 articles, or things described in this section, after the service
420 upon him or her of a summons and complaint in an action for
421 injunction brought under this subsection, is chargeable with
422 knowledge of the contents and character thereof.
423 (10) The several sheriffs and state attorneys shall
424 vigorously enforce this section within their respective
425 jurisdictions.
426 (11) This section shall not apply to the exhibition of
427 motion picture films permitted by s. 847.013.
428 (12) Prosecution of a person for an offense under this
429 section does not preclude prosecution of that person in this
430 state for a violation of any other law of this state, including
431 a law providing for greater penalties than prescribed in this
432 section or any other crime punishing the sexual performance or
433 the sexual exploitation of children.
434 Section 7. Section 847.0137, Florida Statutes, is amended
435 to read:
436 847.0137 Transmission of pornography by electronic device
437 or equipment prohibited; penalties.—
438 (1) As used in this section, the term:
439 (a) “Access credential” means any password, username,
440 token, unique link, uniform resource locator (URL), hyperlink,
441 or other data that enables a user to access a digital file or
442 other data in cloud storage.
443 (b) “Child pornography” has the same meaning as in s.
444 847.001.
445 (c) “Cloud storage” means any remote, networked, or third
446 party provided storage service that enables a user to store,
447 host, or share a digital file or other data and to access such a
448 digital file or other data via the Internet or other network,
449 whether by direct file transfer, access credential, link, or
450 other similar means.
451 (d) “Link” means any uniform resource locater (URL),
452 hyperlink, short link, shareable link, magnet link, or other
453 string, token, or data that, when used, directs or grants a user
454 access to a digital file or other data that is stored remotely,
455 including in cloud storage.
456 (e) “Transmit” means the act of sending and causing to be
457 delivered, including the act of providing access for receiving
458 and causing to be delivered, any image, information, or data
459 over or through any medium, including the Internet or an
460 interconnected network, by use of any electronic equipment or
461 other device. The term also includes the act of providing access
462 to any image, information, or data in cloud storage by sharing,
463 publishing, or otherwise making available a link, access
464 credential, or other similar means by which another person may
465 access, view, or obtain such image, information, or data.
466 (2) Notwithstanding ss. 847.012 and 847.0133, any person in
467 this state who knew or reasonably should have known that he or
468 she was transmitting child pornography, as defined in s.
469 847.001, to another person in this state or in another
470 jurisdiction commits a felony of the second third degree,
471 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
472 Except as provided in subsection (7), a person 18 years of age
473 or older at the time of the offense who is convicted of a
474 violation of this subsection must be sentenced to a mandatory
475 minimum term of imprisonment of 5 years.
476 (3) Notwithstanding ss. 847.012 and 847.0133, any person in
477 any jurisdiction other than this state who knew or reasonably
478 should have known that he or she was transmitting child
479 pornography, as defined in s. 847.001, to any person in this
480 state commits a felony of the second third degree, punishable as
481 provided in s. 775.082, s. 775.083, or s. 775.084. Except as
482 provided in subsection (7), a person 18 years of age or older at
483 the time of the offense who is convicted of a violation of this
484 subsection must be sentenced to a mandatory minimum term of
485 imprisonment of 5 years.
486 (4) A person may not be prosecuted under this section for
487 providing a link, access credential, or other information, in
488 good faith, to a law enforcement agency, prosecuting authority,
489 or authorized forensic examiner for the purpose of reporting
490 suspected child pornography, cooperating with an investigation,
491 preserving evidence, or seeking lawful removal of content.
492 (5)(4) This section shall not be construed to preclude
493 prosecution of a person in this state or another jurisdiction
494 for a violation of any law of this state, including a law
495 providing for greater penalties than prescribed in this section,
496 for the transmission of child pornography, as defined in s.
497 847.001, to any person in this state.
498 (6)(5) A person is subject to prosecution in this state
499 pursuant to chapter 910 for any act or conduct proscribed by
500 this section, including a person in a jurisdiction other than
501 this state, if the act or conduct violates subsection (4) (3).
502 (7) A court is not required to impose a mandatory minimum
503 term of imprisonment for a violation of this section if the
504 court makes the following written findings related to the image
505 that forms the basis of the violation:
506 (a) The child depicted in the image was 14 years of age or
507 older at the time the image was created;
508 (b) The image was created with the depicted child’s
509 permission;
510 (c) The offender was not more than 4 years older than the
511 depicted child at the time the image was created; and
512 (d) The offender did not transmit the image to any third
513 party.
514
515 The provisions of this section do not apply to subscription
516 based transmissions such as list servers.
517 Section 8. Paragraphs (e), (f), and (g) of subsection (3)
518 of section 921.0022, Florida Statutes, are amended to read:
519 921.0022 Criminal Punishment Code; offense severity ranking
520 chart.—
521 (3) OFFENSE SEVERITY RANKING CHART
522 (e) LEVEL 5
523
524 FloridaStatute FelonyDegree Description
525 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
526 316.1935(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.
527 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
528 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
529 327.30(5)(a)2. 3rd Vessel accidents involving personal injuries other than serious bodily injury; leaving scene.
530 365.172 (14)(b)2. 2nd Misuse of emergency communications system resulting in death.
531 379.365(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.
532 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
533 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
534 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
535 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
536 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
537 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
538 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
539 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
540 790.01(3) 3rd Unlawful carrying of a concealed firearm.
541 790.162 2nd Threat to throw or discharge destructive device.
542 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
543 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
544 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
545 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
546 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
547 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
548 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
549 810.145(4) 3rd Commercial digital voyeurism dissemination.
550 810.145(7)(a) 2nd Digital voyeurism; 2nd or subsequent offense.
551 810.145(8)(a) 2nd Digital voyeurism; certain minor victims.
552 812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft from 20 or more dwellings or their unenclosed curtilage, or any combination.
553 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
554 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
555 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
556 812.015(8)(g) 3rd Retail theft; committed with specified number of other persons.
557 812.019(1) 2nd Stolen property; dealing in or trafficking in.
558 812.081(3) 2nd Trafficking in trade secrets.
559 812.131(2)(b) 3rd Robbery by sudden snatching.
560 812.16(2) 3rd Owning, operating, or conducting a chop shop.
561 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
562 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
563 817.2341(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.
564 817.568(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.
565 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
566 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
567 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
568 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
569 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
570 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
571 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.
572 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
573 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
574 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
575 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
576 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
577 893.13(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).
578 893.13(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.
579 893.13(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.
580 893.13(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.
581 893.13(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.
582 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
583 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
584
585 (f) LEVEL 6
586
587 FloridaStatute FelonyDegree Description
588 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
589 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
590 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
591 327.30(5)(a)3. 2nd Vessel accidents involving serious bodily injury; leaving scene.
592 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
593 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
594 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
595 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
596 775.0875(1) 3rd Taking firearm from law enforcement officer.
597 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
598 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
599 784.041 3rd Felony battery; domestic battery by strangulation.
600 784.048(3) 3rd Aggravated stalking; credible threat.
601 784.048(5) 3rd Aggravated stalking of person under 16.
602 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
603 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
604 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
605 784.081(2) 2nd Aggravated assault on specified official or employee.
606 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
607 784.083(2) 2nd Aggravated assault on code inspector.
608 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
609 787.025(2)(a) 3rd Luring or enticing a child.
610 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
611 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
612 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
613 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
614 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
615 794.05(1) 2nd Unlawful sexual activity with specified minor.
616 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
617 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
618 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
619 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
620 810.145(8)(b) 2nd Digital voyeurism; certain minor victims; 2nd or subsequent offense.
621 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
622 812.014(2)(c)5. 3rd Grand theft; third degree; firearm.
623 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
624 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
625 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 120 days is $3,000 or more; coordination of others.
626 812.015(9)(d) 2nd Retail theft; multiple thefts within specified period.
627 812.015(9)(e) 2nd Retail theft; committed with specified number of other persons and use of social media platform.
628 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
629 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
630 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death.
631 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
632 817.5695(3)(b) 2nd Exploitation of person 65 years of age or older, value $10,000 or more, but less than $50,000.
633 825.102(1) 3rd Abuse of an elderly person or disabled adult.
634 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
635 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
636 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
637 827.03(2)(c) 3rd Abuse of a child.
638 827.03(2)(d) 3rd Neglect of a child.
639 827.071(5) 2nd3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
640 828.126 (4), (5) & (6)828.126(3) 3rd Sexual activities involving animals.
641 836.05 2nd Threats; extortion.
642 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
643 843.12 3rd Aids or assists person to escape.
644 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
645 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
646 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
647 847.0137 (2) & (3) 2nd Transmitting child pornography.
648 893.131 2nd Distribution of controlled substances resulting in overdose or serious bodily injury.
649 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
650 918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a capital felony.
651 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
652 944.40 2nd Escapes.
653 944.46 3rd Harboring, concealing, aiding escaped prisoners.
654 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
655 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
656
657 (g) LEVEL 7
658
659 FloridaStatute FelonyDegree Description
660 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
661 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
662 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; 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.
663 327.35(3)(a)3.b. 3rd Vessel BUI resulting in serious bodily injury.
664 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
665 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
666 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
667 456.065(2) 3rd Practicing a health care profession without a license.
668 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
669 458.327(1) 3rd Practicing medicine without a license.
670 459.013(1) 3rd Practicing osteopathic medicine without a license.
671 460.411(1) 3rd Practicing chiropractic medicine without a license.
672 461.012(1) 3rd Practicing podiatric medicine without a license.
673 462.17 3rd Practicing naturopathy without a license.
674 463.015(1) 3rd Practicing optometry without a license.
675 464.016(1) 3rd Practicing nursing without a license.
676 465.015(2) 3rd Practicing pharmacy without a license.
677 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
678 467.201 3rd Practicing midwifery without a license.
679 468.366 3rd Delivering respiratory care services without a license.
680 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
681 483.901(7) 3rd Practicing medical physics without a license.
682 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
683 484.053 3rd Dispensing hearing aids without a license.
684 494.0018(2) 1st Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
685 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
686 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
687 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
688 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
689 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
690 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
691 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
692 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
693 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
694 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
695 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
696 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
697 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
698 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
699 784.048(7) 3rd Aggravated stalking; violation of court order.
700 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
701 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
702 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
703 784.081(1) 1st Aggravated battery on specified official or employee.
704 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
705 784.083(1) 1st Aggravated battery on code inspector.
706 787.025(2)(b) 2nd Luring or enticing a child; second or subsequent offense.
707 787.025(2)(c) 2nd Luring or enticing a child with a specified prior conviction.
708 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
709 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
710 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
711 790.16(1) 1st Discharge of a machine gun under specified circumstances.
712 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
713 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
714 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
715 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
716 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
717 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
718 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
719 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
720 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
721 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
722 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
723 806.01(2) 2nd Maliciously damage structure by fire or explosive.
724 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
725 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
726 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
727 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
728 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
729 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
730 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
731 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
732 812.014(2)(g) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5.
733 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
734 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
735 812.131(2)(a) 2nd Robbery by sudden snatching.
736 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
737 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
738 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
739 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
740 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
741 817.2341 (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
742 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud.
743 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud.
744 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
745 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
746 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
747 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
748 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
749 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
750 827.071(3)827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or Promote or direct sexual such performance by a child.
751 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
752 828.126 (2) & (3) 2nd Sexual activities involving animals.
753 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
754 838.015 2nd Bribery.
755 838.016 2nd Unlawful compensation or reward for official behavior.
756 838.021(3)(a) 2nd Unlawful harm to a public servant.
757 838.22 2nd Bid tampering.
758 843.0855(2) 3rd Impersonation of a public officer or employee.
759 843.0855(3) 3rd Unlawful simulation of legal process.
760 843.0855(4) 3rd Intimidation of a public officer or employee.
761 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
762 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
763 872.06 2nd Abuse of a dead human body.
764 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
765 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
766 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
767 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5., within 1,000 feet of property used for religious services or a specified business site.
768 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
769 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
770 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
771 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
772 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
773 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
774 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
775 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
776 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.
777 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
778 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
779 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.
780 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
781 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
782 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
783 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
784 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
785 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
786 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
787 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
788 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
789 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
790 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
791 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
792 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
793 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
794 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
795 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
796 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
797 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
798 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
799 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
800 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
801 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
802
803 Section 9. This act shall take effect July 1, 2026.
804
805 ================= T I T L E A M E N D M E N T ================
806 And the title is amended as follows:
807 Delete everything before the enacting clause
808 and insert:
809 A bill to be entitled
810 An act relating to sexual offenses; amending s.
811 775.0847, F.S.; revising a criteria related to the
812 reclassification of specified offenses; amending s.
813 794.0116, F.S.; revising mandatory minimum sentences
814 for certain sexual offenses by persons previously
815 convicted of sexual offenses; amending s. 827.071,
816 F.S.; increasing the criminal penalties for a person
817 who is guilty of the use of a child in a sexual
818 performance under certain circumstances; requiring
819 mandatory minimum sentences for certain offenses when
820 committed by specified offenders; prohibiting a person
821 from employing, authorizing, or inducing a child
822 younger than 12 years of age to engage in a sexual
823 performance; providing criminal penalties; requiring a
824 mandatory minimum sentence for a person who is guilty
825 of promoting a sexual performance by a child under
826 certain circumstances; increasing the criminal
827 penalties for knowingly soliciting, possessing,
828 controlling, or intentionally viewing certain
829 materials that include child pornography; providing
830 applicability of specified mandatory minimum
831 sentences; amending s. 827.072, F.S.; defining the
832 term “transmit”; providing criminal penalties for a
833 person transmitting child pornography to another
834 person; providing criminal penalties; increasing the
835 criminal penalties for intentionally creating
836 generated child pornography; amending s. 828.126,
837 F.S.; revising criminal penalties for certain sexual
838 activities involving animals; requiring a certain
839 court order to be effective for a certain number of
840 years; amending s. 847.011, F.S.; providing that
841 prosecution of a person for certain acts in connection
842 with obscene, lewd, etc., materials does not preclude
843 prosecution of that person for other specified
844 offenses; amending s. 847.0137, F.S.; defining terms;
845 increasing the criminal penalties for transmitting
846 child pornography; requiring mandatory minimum
847 sentences for certain offenses when committed by
848 specified offenders; prohibiting prosecution under
849 certain circumstances; providing applicability of
850 specified mandatory minimum sentences; amending s.
851 921.0022, F.S.; ranking offenses on the offense
852 severity ranking chart of the Criminal Punishment
853 Code; providing an effective date.