CS/CS/HB 1159 full text · Session Watch

2 An act relating to sexual offenses; amending ss.

3 39.0138, 92.56, 92.561, 435.07, 456.074, 836.13,

4 836.14, 847.001, 847.002, 847.01357, 847.0139,

5 903.011, 948.06, 960.03, and 960.197, F.S.; replacing

6 the term "child pornography" with the term "child

7 sexual abuse material"; amending s. 775.0847, F.S.;

8 replacing the term "child pornography" with the term

9 "child sexual abuse material"; revising critera

10 related to the reclassification of specified offenses;

11 amending s. 794.0116, F.S.; revising mandatory minimum

12 sentences for certain sexual offenses by persons

13 previously convicted of sexual offenses; amending s.

14 827.071, F.S.; replacing the term "child pornography"

15 with the term "child sexual abuse material";

16 increasing the penalty for employing, authorizing, or

17 inducing a child of a specified age to engage in a

18 sexual performance; prohibiting a person from

19 employing, authorizing, or inducing a child younger

20 than 12 years of age to engage in a sexual

21 performance; providing penalties; requiring mandatory

22 minimum sentences for certain offenses when committed

23 by specified offenders; increasing the penalty for

24 knowingly soliciting, possessing, controlling, or

25 intentionally viewing certain materials that include

26 child sexual abuse material; providing applicability

27 of specified mandatory minimum sentences; amending s.

28 827.072, F.S.; replacing the term "child pornography"

29 with the term "child sexual abuse material"; providing

30 definitions; increasing the penalty for intentionally

31 creating generated child sexual abuse material;

32 prohibiting a person from transmitting child sexual

33 abuse material to another person; providing penalties;

34 amending s. 828.126, F.S.; revising punishments for

35 certain sexual activities involving animals; requiring

36 a certain court order to be effective for a certain

37 number of years; amending s. 847.011, F.S.; increasing

38 criminal penalties for possessing a child-like sex

39 doll; providing that a prosecution for certain acts in

40 connection with obscene, lewd, etc., materials does

41 not prohibit a person from being prosecuted for other

42 specified offenses; amending s. 847.0137, F.S.;

43 replacing the terms "pornography" and "child

44 pornography" with the term "child sexual abuse

45 material"; providing definitions; requiring mandatory

46 minimum sentences for certain offenses when committed

47 by specified offenders; specifying applicability;

48 amending s. 921.0022, F.S.; replacing the terms

49 "pornography" and "child pornography" with the term

50 "child sexual abuse material"; ranking offenses on the

51 offense severity ranking chart of the Criminal

52 Punishment Code; providing an effective date.

54 Be It Enacted by the Legislature of the State of Florida:

56 Section 1. Paragraph (c) of subsection (3) of section

57 39.0138, Florida Statutes, is amended to read:

58 39.0138 Criminal history and other records checks; limit

59 on placement of a child.—

60 (3) The department may not place a child with a person

61 other than a parent if the criminal history records check

62 reveals that the person has been convicted of any felony that

63 falls within any of the following categories:

64 (c) Child sexual abuse material ~~pornography~~ or other

65 felony in which a child was a victim of the offense; or

66 Section 2. Subsection (3) of section 92.56, Florida

67 Statutes, is amended to read:

68 92.56 Judicial proceedings and court records involving

69 sexual offenses and human trafficking.—

70 (3) The state may use a pseudonym instead of the victim's

71 name to designate the victim of a crime described in s.

72 787.06(3)(a)1., (c)1., or (e)1., in s. 787.06(3)(b), (d), (f),

73 or (g), or in chapter 794 or chapter 800, or of child abuse,

74 aggravated child abuse, or sexual performance by a child as

75 described in chapter 827, or any crime involving the production,

76 possession, or promotion of child sexual abuse material

77 ~~pornography~~ as described in chapter 847, in all court records

78 and records of court proceedings, both civil and criminal.

79 Section 3. Section 92.561, Florida Statutes, is amended to

80 read:

81 92.561 Prohibition on reproduction of child sexual abuse

82 material ~~pornography.—~~

83 (1) In a criminal proceeding, any property or material

84 that portrays sexual performance by a child as defined in s.

85 827.071, constitutes generated child sexual abuse material

86 ~~pornography~~ as defined in s. 827.072, or constitutes child

87 sexual abuse material ~~pornography~~ as defined in s. 847.001, must

88 remain secured or locked in the care, custody, and control of a

89 law enforcement agency, the state attorney, or the court.

90 (2) Notwithstanding any law or rule of court, a court

91 shall deny, in a criminal proceeding, any request by the

92 defendant to copy, photograph, duplicate, or otherwise reproduce

93 any property or material that portrays sexual performance by a

94 child, constitutes generated child sexual abuse material

95 ~~pornography,~~ or constitutes child sexual abuse material

96 ~~pornography~~ so long as the state attorney makes the property or

97 material reasonably available to the defendant.

98 (3) For purposes of this section, property or material is

99 deemed to be reasonably available to the defendant if the state

100 attorney provides ample opportunity at a designated facility for

101 the inspection, viewing, and examination of the property or

102 material that portrays sexual performance by a child,

103 constitutes generated child sexual abuse material ~~pornography,~~

104 or constitutes child sexual abuse material ~~pornography~~ by the

105 defendant, his or her attorney, or any individual whom the

106 defendant uses as an expert during the discovery process or at a

107 court proceeding.

108 Section 4. Paragraph (c) of subsection (4) of section

109 435.07, Florida Statutes, is amended to read:

110 435.07 Exemptions from disqualification.—Unless otherwise

111 provided by law, the provisions of this section apply to

112 exemptions from disqualification for disqualifying offenses

113 revealed pursuant to background screenings required under this

114 chapter, regardless of whether those disqualifying offenses are

115 listed in this chapter or other laws.

116 (4)

117 (c) Disqualification from employment under this chapter

118 may not be removed from, and an exemption may not be granted to,

119 any current or prospective child care personnel, as defined in

120 s. 402.302(3), and such a person is disqualified from employment

121 as child care personnel, regardless of any previous exemptions

122 from disqualification, if the person has been registered as a

123 sex offender as described in 42 U.S.C. s. 9858f(c)(1)(C) or has

124 been arrested for and is awaiting final disposition of, has been

125 convicted or found guilty of, or entered a plea of guilty or

126 nolo contendere to, regardless of adjudication, or has been

127 adjudicated delinquent and the record has not been sealed or

128 expunged for, any offense prohibited under any of the following

129 provisions of state law or a similar law of another

130 jurisdiction:

131 1. A felony offense prohibited under any of the following

132 statutes:

133 a. Chapter 741, relating to domestic violence.

134 b. Section 782.04, relating to murder.

135 c. Section 782.07, relating to manslaughter; aggravated

136 manslaughter of an elderly person or disabled adult; aggravated

137 manslaughter of a child; or aggravated manslaughter of an

138 officer, a firefighter, an emergency medical technician, or a

139 paramedic.

140 d. Section 784.021, relating to aggravated assault.

141 e. Section 784.045, relating to aggravated battery.

142 f. Section 787.01, relating to kidnapping.

143 g. Section 787.025, relating to luring or enticing a

144 child.

145 h. Section 787.04(2), relating to leading, taking,

146 enticing, or removing a minor beyond the state limits, or

147 concealing the location of a minor, with criminal intent pending

148 custody proceedings.

149 i. Section 787.04(3), relating to leading, taking,

150 enticing, or removing a minor beyond the state limits, or

151 concealing the location of a minor, with criminal intent pending

152 dependency proceedings or proceedings concerning alleged abuse

153 or neglect of a minor.

154 j. Section 794.011, relating to sexual battery.

155 k. Former s. 794.041, relating to sexual activity with or

156 solicitation of a child by a person in familial or custodial

157 authority.

158 l. Section 794.05, relating to unlawful sexual activity

159 with certain minors.

160 m. Section 794.08, relating to female genital mutilation.

161 n. Section 806.01, relating to arson.

162 o. Section 826.04, relating to incest.

163 p. Section 827.03, relating to child abuse, aggravated

164 child abuse, or neglect of a child.

165 q. Section 827.04, relating to contributing to the

166 delinquency or dependency of a child.

167 r. Section 827.071, relating to sexual performance by a

168 child.

169 s. Chapter 847, relating to child sexual abuse material

170 ~~pornography.~~

171 t. Chapter 893, relating to a drug abuse prevention and

172 control offense, if that offense was committed in the preceding

173 5 years.

174 u. Section 985.701, relating to sexual misconduct in

175 juvenile justice programs.

176 2. A misdemeanor offense prohibited under any of the

177 following statutes:

178 a. Section 784.03, relating to battery, if the victim of

179 the offense was a minor.

180 b. Section 787.025, relating to luring or enticing a

181 child.

182 c. Chapter 847, relating to child sexual abuse material

183 ~~pornography.~~

184 3. A criminal act committed in another state or under

185 federal law which, if committed in this state, constitutes an

186 offense prohibited under any statute listed in subparagraph 1.

187 or subparagraph 2.

188 Section 5. Paragraph (aa) of subsection (5) of section

189 456.074, Florida Statutes, is amended to read:

190 456.074 Certain health care practitioners; immediate

191 suspension of license.—

192 (5) The department shall issue an emergency order

193 suspending the license of any health care practitioner who is

194 arrested for committing or attempting, soliciting, or conspiring

195 to commit any act that would constitute a violation of any of

196 the following criminal offenses in this state or similar

197 offenses in another jurisdiction:

198 (aa) Section 847.0137, relating to the transmission of

199 child sexual abuse material ~~pornography~~ by electronic device or

200 equipment.

201 Section 6. Paragraph (b) of subsection (1) and subsection

202 (2) of section 775.0847, Florida Statutes, are amended and

203 subsection (3) of that section is republished to read:

204 775.0847 Possession or promotion of certain images of

205 child sexual abuse material ~~pornography;~~ reclassification.—

206 (1) For purposes of this section:

207 (b) "Child sexual abuse material ~~pornography"~~ means:

208 1. Any image depicting a minor engaged in sexual conduct;

209 or

210 2. Any image that has been created, altered, adapted, or

211 modified by electronic, mechanical, or other means, to portray

212 an identifiable minor engaged in sexual conduct.

213 (2) A violation of s. 827.071, s. 847.0135, s. 847.0137,

214 or s. 847.0138 shall be reclassified to the next higher degree

215 as provided in subsection (3) if:

216 (a) The offender possesses 10 or more images of any form

217 of child sexual abuse material ~~pornography~~ regardless of

218 content; and

219 (b) The content of at least one image contains one or more

220 of the following:

221 1. A child who is younger than the age of 12 5.

222 2. Sadomasochistic abuse involving a child.

223 3. Sexual battery involving a child.

224 4. Sexual bestiality involving a child.

225 5. Any motion picture, film, video, or computer-generated

226 motion picture, film, or video involving a child, regardless of

227 length and regardless of whether the motion picture, film,

228 video, or computer-generated motion picture, film, or video

229 contains sound.

230 (3)(a) In the case of a felony of the third degree, the

231 offense is reclassified to a felony of the second degree.

232 (b) In the case of a felony of the second degree, the

233 offense is reclassified to a felony of the first degree.

235 For purposes of sentencing under chapter 921 and determining

236 incentive gain-time eligibility under chapter 944, a felony

237 offense that is reclassified under this section is ranked one

238 level above the ranking under s. 921.0022 or s. 921.0023 of the

239 offense committed.

240 Section 7. Subsection (1) of section 794.0116, Florida

241 Statutes, is amended to read:

242 794.0116 Sexual offenses by persons previously convicted

243 of sexual offenses.—

244 (1) A person who was previously convicted of or had

245 adjudication withheld for an offense specified in s.

246 943.0435(1)(h)1.a. and commits a violation of s. 800.04(5); s.

247 825.1025(3); s. 827.071(2), (3), (4), or (5)(a); s. 847.0135; s.

248 847.0137; or s. 847.0145 shall be sentenced to a mandatory

249 minimum term of imprisonment as follows: Statute Mandatory Minimum (a) 800.04(5) 15 10 years (b) 825.1025(3) 10 years (c) 827.071(2) 30 20 years (d) 827.071(3) 20 years (e) 827.071(4) 15 years (f) 827.071(5)(a) 10 years (g) 847.0135 10 years (h) 847.0137 10 years (i) 847.0145 30 20 years

261 Section 8. Paragraph (b) of subsection (1), subsections

262 (2), (3), and (4), and paragraph (a) of subsection (5) of

263 section 827.071, Florida Statutes, are amended, and subsection

264 (7) is added to that section, to read:

265 827.071 Sexual performance by a child; child sexual abuse

266 material ~~pornography;~~ penalties.—

267 (1) As used in this section, the following definitions

268 shall apply:

269 (b) "Child sexual abuse material ~~pornography"~~ means:

270 1. Any image depicting a minor engaged in sexual conduct;

271 or

272 2. Any image that has been created, altered, adapted, or

273 modified by electronic, mechanical, or other means, to portray

274 an identifiable minor engaged in sexual conduct.

275 (2)(a) A person is guilty of the use of a child in a

276 sexual performance if, knowing the character and content

277 thereof, he or she employs, authorizes, or induces a child to

278 engage in a sexual performance or, being a parent, legal

279 guardian, or custodian of such child, consents to the

280 participation by such child in a sexual performance. A person

281 who violates this paragraph ~~subsection~~ commits a felony of the

282 first ~~second~~ degree, punishable as provided in s. 775.082, s.

283 775.083, or s. 775.084. Except as provided in subsection (7), a

284 person 18 years of age or older at the time of the offense who

285 is convicted of a violation of this paragraph must be sentenced

286 to a mandatory minimum term of imprisonment of 15 years.

287 (b) A person is guilty of aggravated use of a child in a

288 sexual performance if, knowing the character and content

289 thereof, he or she employs, authorizes, or induces a child

290 younger than 12 years of age to engage in a sexual performance.

291 A person who violates this paragraph commits a life felony,

292 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

293 A person 18 years of age or older at the time of the offense who

294 is convicted of a violation of this paragraph must be sentenced

295 to a mandatory minimum term of imprisonment of 25 years.

296 (3) A person is guilty of promoting a sexual performance

297 by a child when, knowing the character and content thereof, he

298 or she produces, directs, or promotes any performance which

299 includes sexual conduct by a child. A person who violates this

300 subsection commits a felony of the second degree, punishable as

301 provided in s. 775.082, s. 775.083, or s. 775.084. Except as

302 provided in subsection (7), a person 18 years of age or older at

303 the time of the offense who is convicted of a violation of this

304 subsection must be sentenced to a mandatory minimum term of

305 imprisonment of 5 years.

306 (4) It is unlawful for any person to possess with the

307 intent to promote any photograph, motion picture, exhibition,

308 show, representation, or other presentation which, in whole or

309 in part, includes child sexual abuse material ~~pornography.~~ The

310 possession of three or more copies of such photograph, motion

311 picture, representation, or presentation is prima facie evidence

312 of an intent to promote. A person who violates this subsection

313 commits a felony of the second degree, punishable as provided in

314 s. 775.082, s. 775.083, or s. 775.084.

315 (5)(a) It is unlawful for any person to knowingly solicit,

316 possess, control, or intentionally view a photograph, motion

317 picture, exhibition, show, representation, image, data, computer

318 depiction, or other presentation which, in whole or in part, he

319 or she knows to include child sexual abuse material ~~pornography.~~

320 The solicitation, possession, control, or intentional viewing of

321 each such photograph, motion picture, exhibition, show, image,

322 data, computer depiction, representation, or presentation is a

323 separate offense. If such photograph, motion picture,

324 exhibition, show, representation, image, data, computer

325 depiction, or other presentation includes child sexual abuse

326 material ~~pornography~~ depicting more than one child, then each

327 such child in each such photograph, motion picture, exhibition,

328 show, representation, image, data, computer depiction, or other

329 presentation that is knowingly solicited, possessed, controlled,

330 or intentionally viewed is a separate offense. A person who

331 violates this paragraph commits a felony of the second ~~third~~

332 degree, punishable as provided in s. 775.082, s. 775.083, or s.

333 775.084.

334 (7) A court is not required to impose a mandatory minimum

335 term of imprisonment for a violation of this section if the

336 court makes the following written findings related to the sexual

337 performance that forms the basis of the violation:

338 (a) The child depicted in the sexual performance was 14

339 years of age or older at the time the sexual performance was

340 created;

341 (b) The sexual performance was created with the depicted

342 child's permission;

343 (c) The offender was not more than 4 years older than the

344 depicted child at the time the sexual performance was created;

345 and

346 (d) The offender did not promote the sexual performance to

347 any third party.

348 Section 9. Section 827.072, Florida Statutes, is amended

349 to read:

350 827.072 Generated child sexual abuse material

351 ~~pornography.—~~

352 (1) As used in this section, the term:

353 (a) "Generated child sexual abuse material ~~pornography"~~

354 means any image that has been created, altered, adapted, or

355 modified by electronic, mechanical, or other computer-generated

356 means to portray a fictitious person, who a reasonable person

357 would regard as being a real person younger than 18 years of

358 age, engaged in sexual conduct.

359 (b) "Intentionally view" has the same meaning as in s.

360 827.071.

361 (c) "Sexual conduct" has the same meaning as in s.

362 827.071.

363 (d) "Transmit" has the same meaning as in s. 847.0137.

364 (2)(a) It is unlawful for a person to knowingly possess or

365 control or intentionally view a photograph, a motion picture, a

366 representation, an image, a data file, a computer depiction, or

367 any other presentation which, in whole or in part, he or she

368 knows includes generated child sexual abuse material

369 ~~pornography.~~ The possession, control, or intentional viewing of

370 each such photograph, motion picture, representation, image,

371 data file, computer depiction, or other presentation is a

372 separate offense. A person who violates this paragraph commits a

373 felony of the third degree, punishable as provided in s.

374 775.082, s. 775.083, or s. 775.084.

375 (b)1. Notwithstanding ss. 847.012 and 847.0133, any person

376 in this state who knew or reasonably should have known that he

377 or she was transmitting generated child sexual abuse material to

378 another person in this state or in another jurisdiction commits

379 a felony of the second degree, punishable as provided in s.

380 775.082, s. 775.083, or s. 775.084.

381 2. Notwithstanding ss. 847.012 and 847.0133, any person in

382 any jurisdiction other than this state who knew or reasonably

383 should have known that he or she was transmitting generated

384 child sexual abuse material to any person in this state commits

385 a felony of the second degree, punishable as provided in s.

386 775.082, s. 775.083, or s. 775.084.

387 3. A person is subject to prosecution in this state

388 pursuant to chapter 910 for any act or conduct proscribed by

389 this paragraph, including a person in a jurisdiction other than

390 this state, if the act or conduct violates subparagraph 2.

391 (c) A person who intentionally creates generated child

392 sexual abuse material ~~pornography~~ commits a felony of the second

393 ~~third~~ degree, punishable as provided in s. 775.082, s. 775.083,

394 or s. 775.084.

395 (d)(c) Paragraph (a) does not apply to any material

396 possessed, controlled, or intentionally viewed as part of a law

397 enforcement investigation.

398 Section 10. Section 828.126, Florida Statutes, is amended

399 to read:

400 828.126 Sexual activities involving animals.—

401 (1) As used in this section, the term "sexual contact with

402 an animal" means any act committed between a person and an

403 animal for the purpose of sexual gratification, abuse, or

404 financial gain which involves:

405 (a) Contact between the sex organ or anus of one and the

406 mouth, sex organ, or anus of the other;

407 (b) The fondling of the sex organ or anus of an animal; or

408 (c) The insertion, however slight, of any part of the body

409 of a person or any object into the vaginal or anal opening of an

410 animal, or the insertion of any part of the body of an animal

411 into the vaginal or anal opening of a person.

412 (2) A person may not:

413 ~~(a)~~ knowingly engage in any sexual contact with an animal.

414 A person who violates this subsection commits a felony of the

415 second degree, punishable as provided in s. 775.082, s. 775.083,

416 or s. 775.084.;

417 (3)(b) A person may not knowingly cause, aid, or abet

418 another person to engage in any sexual contact with an animal. A

419 person who violates this subsection commits a felony of the

420 second degree, punishable as provided in s. 775.082, s. 775.083,

421 or s. 775.084.;

422 (4)(c) A person may not knowingly permit any sexual

423 contact with an animal to be conducted on any premises under his

424 or her charge or control. A person who violates this subsection

425 commits a felony of the third degree, punishable as provided in

426 s. 775.082, s. 775.083, or s. 775.084.;

427 (5)(d) A person may not knowingly organize, promote,

428 conduct, aid, abet, participate in as an observer, or advertise,

429 offer, solicit, or accept an offer of an animal for the purpose

430 of sexual contact with such animal, or perform any service in

431 the furtherance of an act involving any sexual contact with an

432 animal. A person who violates this subsection commits a felony

433 of the third degree, punishable as provided in s. 775.082, s.

434 775.083, or s. 775.084.; or

435 (6)(e) A person may not knowingly film, distribute, or

436 possess any pornographic image or video of a person and an

437 animal engaged in any of the activities prohibited by this

438 section.

439 ~~(3)~~ A person who violates this subsection ~~section~~ commits

440 a felony of the third degree, punishable as provided in s.

441 775.082, s. 775.083, or s. 775.084.

442 (7)(4) In addition to other penalties prescribed by law,

443 the court shall issue an order prohibiting a person convicted

444 under this section from harboring, owning, possessing, or

445 exercising control over any animal; from residing in any

446 household in which animals are present; and from engaging in an

447 occupation, whether paid or unpaid, or participating in a

448 volunteer position at any establishment at which animals are

449 present. The order shall ~~may~~ be effective for at least ~~up to~~ 5

450 years after the date of the conviction, regardless of whether

451 adjudication is withheld.

452 (8)(5) This section does not apply to accepted animal

453 husbandry practices, including, but not limited to, bona fide

454 agricultural purposes, assistance with the birthing process or

455 artificial insemination of an animal for reproductive purposes,

456 accepted conformation judging practices, or accepted veterinary

457 medical practices.

458 Section 11. Subsection (11) of section 836.13, Florida

459 Statutes, is amended to read:

460 836.13 Altered sexual depictions; prohibited acts;

461 penalties; applicability.—

462 (11) Prosecution of a person for an offense under this

463 section does not preclude prosecution of that person in this

464 state for a violation of any other law of this state, including

465 a law providing for greater penalties than prescribed in this

466 section or any other crime related to child sexual abuse

467 material ~~pornography~~ or the sexual performance or the sexual

468 exploitation of children.

469 Section 12. Subsection (9) of section 836.14, Florida

470 Statutes, is amended to read:

471 836.14 Theft or unauthorized promotion of a sexually

472 explicit image.—

473 (9) Prosecution of a person for an offense under this

474 section does not preclude prosecution of that person in this

475 state for a violation of any other law of this state, including

476 a law providing for greater penalties than prescribed in this

477 section or any other crime related to child sexual abuse

478 material ~~pornography~~ or the sexual performance or the sexual

479 exploitation of children.

480 Section 13. Subsection (3) of section 847.001, Florida

481 Statutes, is amended to read:

482 847.001 Definitions.—As used in this chapter, the term:

483 (3) "Child sexual abuse material ~~pornography"~~ means:

484 (a) Any image depicting a minor engaged in sexual conduct;

485 or

486 (b) Any image that has been created, altered, adapted, or

487 modified by electronic, mechanical, or other means, to portray

488 an identifiable minor engaged in sexual conduct.

489 Section 14. Section 847.002, Florida Statutes, is amended

490 to read:

491 847.002 Child sexual abuse material ~~pornography~~

492 prosecutions.—

493 (1) Any law enforcement officer who, pursuant to a

494 criminal investigation, recovers images or movies of child

495 sexual abuse material ~~pornography~~ shall:

496 (a) Provide such images or movies to the law enforcement

497 agency representative assigned to the Child Victim

498 Identification Program at the National Center for Missing and

499 Exploited Children, as required by the center's guidelines.

500 (b) Request the law enforcement agency contact information

501 from the Child Victim Identification Program for any images or

502 movies recovered which contain an identified victim of child

503 sexual abuse material ~~pornography~~ as defined in s. 960.03.

504 (c) Provide case information to the Child Victim

505 Identification Program, as required by the National Center for

506 Missing and Exploited Children guidelines, in any case where the

507 law enforcement officer identifies a previously unidentified

508 victim of child sexual abuse material ~~pornography.~~

509 (2) Any law enforcement officer submitting a case for

510 prosecution which involves the production, promotion, or

511 possession of child sexual abuse material ~~pornography~~ shall

512 submit to the designated prosecutor the law enforcement agency

513 contact information provided by the Child Victim Identification

514 Program at the National Center for Missing and Exploited

515 Children, for any images or movies involved in the case which

516 contain the depiction of an identified victim of child sexual

517 abuse material ~~pornography~~ as defined in s. 960.03.

518 (3) In every filed case involving an identified victim of

519 child sexual abuse material ~~pornography,~~ as defined in s.

520 960.03, the prosecuting agency shall enter the following

521 information into the Victims in Child Pornography Tracking

522 Repeat Exploitation database maintained by the Office of the

523 Attorney General:

524 (a) The case number and agency file number.

525 (b) The named defendant.

526 (c) The circuit court division and county.

527 (d) Current court dates and the status of the case.

528 (e) Contact information for the prosecutor assigned.

529 (f) Verification that the prosecutor is or is not in

530 possession of a victim impact statement and will use the

531 statement in sentencing.

532 Section 15. Subsection (5) of section 847.011, Florida

533 Statutes, is amended, subsection (12) is added to that section,

534 and subsections (1) through (4) and (6) through (11) of that

535 section are republished, to read:

536 847.011 Prohibition of certain acts in connection with

537 obscene, lewd, etc., materials; penalty.—

538 (1)(a) Except as provided in paragraph (c), any person who

539 knowingly sells, lends, gives away, distributes, transmits,

540 shows, or transmutes, or offers to sell, lend, give away,

541 distribute, transmit, show, or transmute, or has in his or her

542 possession, custody, or control with intent to sell, lend, give

543 away, distribute, transmit, show, transmute, or advertise in any

544 manner, any obscene book, magazine, periodical, pamphlet,

545 newspaper, comic book, story paper, written or printed story or

546 article, writing, paper, card, picture, drawing, photograph,

547 motion picture film, figure, image, phonograph record, or wire

548 or tape or other recording, or any written, printed, or recorded

549 matter of any such character which may or may not require

550 mechanical or other means to be transmuted into auditory,

551 visual, or sensory representations of such character, or any

552 article or instrument for obscene use, or purporting to be for

553 obscene use or purpose; or who knowingly designs, copies, draws,

554 photographs, poses for, writes, prints, publishes, or in any

555 manner whatsoever manufactures or prepares any such material,

556 matter, article, or thing of any such character; or who

557 knowingly writes, prints, publishes, or utters, or causes to be

558 written, printed, published, or uttered, any advertisement or

559 notice of any kind, giving information, directly or indirectly,

560 stating, or purporting to state, where, how, of whom, or by what

561 means any, or what purports to be any, such material, matter,

562 article, or thing of any such character can be purchased,

563 obtained, or had; or who in any manner knowingly hires, employs,

564 uses, or permits any person knowingly to do or assist in doing

565 any act or thing mentioned above, commits a misdemeanor of the

566 first degree, punishable as provided in s. 775.082 or s.

567 775.083. A person who, after having been convicted of a

568 violation of this subsection, thereafter violates any of its

569 provisions, commits a felony of the third degree, punishable as

570 provided in s. 775.082, s. 775.083, or s. 775.084.

571 (b) The knowing possession by any person of three or more

572 identical or similar materials, matters, articles, or things

573 coming within the provisions of paragraph (a) is prima facie

574 evidence of the violation of the paragraph.

575 (c) A person who commits a violation of paragraph (a) or

576 subsection (2) which is based on materials that depict a minor

577 engaged in any act or conduct that is harmful to minors commits

578 a felony of the third degree, punishable as provided in s.

579 775.082, s. 775.083, or s. 775.084.

580 (d) A person's ignorance of a minor's age, a minor's

581 misrepresentation of his or her age, a bona fide belief of a

582 minor's age, or a minor's consent may not be raised as a defense

583 in a prosecution for one or more violations of paragraph (a) or

584 subsection (2).

585 (2) Except as provided in paragraph (1)(c), a person who

586 knowingly has in his or her possession, custody, or control any

587 obscene book, magazine, periodical, pamphlet, newspaper, comic

588 book, story paper, written or printed story or article, writing,

589 paper, card, picture, drawing, photograph, motion picture film,

590 film, any sticker, decal, emblem or other device attached to a

591 motor vehicle containing obscene descriptions, photographs, or

592 depictions, any figure, image, phonograph record, or wire or

593 tape or other recording, or any written, printed, or recorded

594 matter of any such character which may or may not require

595 mechanical or other means to be transmuted into auditory,

596 visual, or sensory representations of such character, or any

597 article or instrument for obscene use, or purporting to be for

598 obscene use or purpose, without intent to sell, lend, give away,

599 distribute, transmit, show, transmute, or advertise the same,

600 commits a misdemeanor of the second degree, punishable as

601 provided in s. 775.082 or s. 775.083. A person who, after having

602 been convicted of violating this subsection, thereafter violates

603 any of its provisions commits a misdemeanor of the first degree,

604 punishable as provided in s. 775.082 or s. 775.083. In any

605 prosecution for such possession, it is not necessary to allege

606 or prove the absence of such intent.

607 (3) No person shall as a condition to a sale, allocation,

608 consignment, or delivery for resale of any paper, magazine,

609 book, periodical, or publication require that the purchaser or

610 consignee receive for resale any other article, paper, magazine,

611 book, periodical, or publication reasonably believed by the

612 purchaser or consignee to be obscene, and no person shall deny

613 or threaten to deny or revoke any franchise or impose or

614 threaten to impose any penalty, financial or otherwise, by

615 reason of the failure of any person to accept any such article,

616 paper, magazine, book, periodical, or publication, or by reason

617 of the return thereof. Whoever violates this subsection is

618 guilty of a felony of the third degree, punishable as provided

619 in s. 775.082, s. 775.083, or s. 775.084.

620 (4) Any person who knowingly promotes, conducts, performs,

621 or participates in an obscene show, exhibition, or performance

622 by live persons or a live person before an audience is guilty of

623 a misdemeanor of the first degree, punishable as provided in s.

624 775.082 or s. 775.083. Any person who, after having been

625 convicted of violating this subsection, thereafter violates any

626 of its provisions and is convicted thereof is guilty of a felony

627 of the third degree, punishable as provided in s. 775.082, s.

628 775.083, or s. 775.084.

629 (5)(a) 1. A person may not knowingly sell, lend, give

630 away, distribute, transmit, show, or transmute; offer to sell,

631 lend, give away, distribute, transmit, show, or transmute; have

632 in his or her possession, custody, or control; have in his or

633 her possession, custody, or control with the intent to sell,

634 lend, give away, distribute, transmit, show, or transmute; or

635 advertise in any manner an obscene, child-like sex doll.

636 (b) ~~2.a.~~ Except as provided in paragraph (c) ~~sub-~~

637 ~~subparagraph b.,~~ a person who violates ~~this~~ paragraph (a)

638 commits a felony of the third degree, punishable as provided in

639 s. 775.082, s. 775.083, or s. 775.084.

640 (c) b. A person who is convicted of violating ~~this~~

641 paragraph (a) a second or subsequent time commits a felony of

642 the second degree, punishable as provided in s. 775.082, s.

643 775.083, or s. 775.084.

644 ~~(b)1. Except as provided in subparagraph 2., a person who~~

645 ~~knowingly has in his or her possession, custody, or control an~~

646 ~~obscene, child-like sex doll commits a misdemeanor of the first~~

647 ~~degree, punishable as provided in s. 775.082 or s. 775.083.~~

648 ~~2. A person who is convicted of violating this paragraph a~~

649 ~~second or subsequent time commits a felony of the third degree,~~

650 ~~punishable as provided in s. 775.082 or s. 775.083.~~

651 ~~(c)1. A law enforcement officer may arrest without a~~

652 ~~warrant any person who he or she has probable cause to believe~~

653 ~~has violated paragraph (b).~~

654 ~~2. Upon proper affidavits being made, a search warrant may~~

655 ~~be issued to further investigate a violation of paragraph (b),~~

656 ~~including to search a private dwelling.~~

657 (6) Every act, thing, or transaction forbidden by this

658 section shall constitute a separate offense and shall be

659 punishable as such.

660 (7) Proof that a defendant knowingly committed any act or

661 engaged in any conduct referred to in this section may be made

662 by showing that at the time such act was committed or conduct

663 engaged in the defendant had actual knowledge of the contents or

664 character of the material, matter, article, or thing possessed

665 or otherwise dealt with, by showing facts and circumstances from

666 which it may fairly be inferred that he or she had such

667 knowledge, or by showing that he or she had knowledge of such

668 facts and circumstances as would put a person of ordinary

669 intelligence and caution on inquiry as to such contents or

670 character.

671 (8) There shall be no right of property in any of the

672 materials, matters, articles, or things possessed or otherwise

673 dealt with in violation of this section; and, upon the seizure

674 of any such material, matter, article, or thing by any

675 authorized law enforcement officer, the same shall be held by

676 the arresting agency. When the same is no longer required as

677 evidence, the prosecuting officer or any claimant may move the

678 court in writing for the disposition of the same and, after

679 notice and hearing, the court, if it finds the same to have been

680 possessed or otherwise dealt with in violation of this section,

681 shall order the sheriff to destroy the same in the presence of

682 the clerk; otherwise, the court shall order the same returned to

683 the claimant if the claimant shows that he or she is entitled to

684 possession. If destruction is ordered, the sheriff and clerk

685 shall file a certificate of compliance.

686 (9)(a) The circuit court has jurisdiction to enjoin a

687 threatened violation of this section upon complaint filed by the

688 state attorney or attorney for a municipality in the name of the

689 state upon the relation of such state attorney or attorney for a

690 municipality.

691 (b) After the filing of such a complaint, the judge to

692 whom it is presented may grant an order restraining the person

693 complained of until final hearing or further order of the court.

694 Whenever the relator state attorney or attorney for a

695 municipality requests a judge of such court to set a hearing

696 upon an application for such a restraining order, such judge

697 shall set such hearing for a time within 3 days after the making

698 of such request. No such order shall be made unless such judge

699 is satisfied that sufficient notice of the application therefor

700 has been given to the party restrained of the time when and

701 place where the application for such restraining order is to be

702 made; however, such notice shall be dispensed with when it is

703 manifest to such judge, from the sworn allegations of the

704 complaint or the affidavit of the plaintiff or other competent

705 person, that the apprehended violation will be committed if an

706 immediate remedy is not afforded.

707 (c) The person sought to be enjoined shall be entitled to

708 a trial of the issues within 1 day after joinder of issue, and a

709 decision shall be rendered by the court within 2 days of the

710 conclusion of the trial.

711 (d) In any action brought as provided in this subsection,

712 no bond or undertaking shall be required of the state attorney

713 or the municipality or its attorney before the issuance of a

714 restraining order provided for by paragraph (b), and there shall

715 be no liability on the part of the state or the state attorney

716 or the municipality or its attorney for costs or for damages

717 sustained by reason of such restraining order in any case where

718 a final decree is rendered in favor of the person sought to be

719 enjoined.

720 (e) Every person who has possession, custody, or control

721 of, or otherwise deals with, any of the materials, matters,

722 articles, or things described in this section, after the service

723 upon him or her of a summons and complaint in an action for

724 injunction brought under this subsection, is chargeable with

725 knowledge of the contents and character thereof.

726 (10) The several sheriffs and state attorneys shall

727 vigorously enforce this section within their respective

728 jurisdictions.

729 (11) This section shall not apply to the exhibition of

730 motion picture films permitted by s. 847.013.

731 (12) Prosecution of a person for an offense under this

732 section does not preclude prosecution of that person in this

733 state for a violation of any other law of this state, including

734 a law providing for greater penalties than prescribed in this

735 section or any other crime punishing the sexual performance or

736 the sexual exploitation of children.

737 Section 16. Subsections (1) and (4) of section 847.01357,

738 Florida Statutes, are amended to read:

739 847.01357 Exploited children's civil remedy.—

740 (1) Any person who, while under the age of 18, was a

741 victim of a sexual abuse crime listed in chapter 794, chapter

742 800, chapter 827, or chapter 847, where any portion of such

743 abuse was used in the production of child sexual abuse material

744 ~~pornography,~~ and who suffers personal or psychological injury as

745 a result of the production, promotion, or possession of such

746 images or movies, may bring an action in an appropriate state

747 court against the producer, promoter, or possessor of such

748 images or movies, regardless of whether the victim is now an

749 adult. In any action brought under this section, a prevailing

750 plaintiff shall recover the actual damages such person sustained

751 and the cost of the suit, including reasonable attorney's fees.

752 Any victim who is awarded damages under this section shall be

753 deemed to have sustained damages of at least $150,000.

754 (4) It is not a defense to a civil cause of action under

755 this section that the respondent did not know the victim or

756 commit the abuse depicted in any image of child sexual abuse

757 material ~~pornography.~~

758 Section 17. Section 847.0137, Florida Statutes, is amended

759 to read:

760 847.0137 Transmission of child sexual abuse material

761 ~~pornography~~ by electronic device or equipment prohibited;

762 penalties.—

763 (1) As used in this section, the term:

764 (a) "Access credential" means any password, username,

765 token, unique link, uniform resource locator (URL), hyperlink,

766 or other data that enables a user to access a digital file or

767 other data in cloud storage.

768 (b) "Child sexual abuse material" has the same meaning as

769 in s. 847.001.

770 (c) "Cloud storage" means any remote, networked, or third-

771 party provided storage service that enables a user to store,

772 host, or share a digital file or other data and to access such a

773 digital file or other data via the Internet or other network,

774 whether by direct file transfer, access credential, link, or

775 other similar means.

776 (d) "Link" means any uniform resource locater (URL),

777 hyperlink, short link, shareable link, magnet link, or other

778 string, token, or data that, when used, directs or grants a user

779 access to a digital file or other data that is stored remotely,

780 including in cloud storage.

781 (e) "Transmit" means the act of sending and causing to be

782 delivered, including the act of providing access for receiving

783 and causing to be delivered, any image, information, or data

784 over or through any medium, including the Internet or an

785 interconnected network, by use of any electronic equipment or

786 other device. The term also includes the act of providing access

787 to any image, information, or data in cloud storage by sharing,

788 publishing, or otherwise making available a link, access

789 credential, or other similar means by which another person may

790 access, view, or obtain such image, information, or data.

791 (2) Notwithstanding ss. 847.012 and 847.0133, any person

792 in this state who knew or reasonably should have known that he

793 or she was transmitting child sexual abuse material ~~pornography,~~

794 ~~as defined in s. 847.001,~~ to another person in this state or in

795 another jurisdiction commits a felony of the second ~~third~~

796 degree, punishable as provided in s. 775.082, s. 775.083, or s.

797 775.084. Except as provided in subsection (7), a person 18 years

798 of age or older at the time of the offense who is convicted of a

799 violation of this subsection must be sentenced to a mandatory

800 minimum term of imprisonment of 5 years.

801 (3) Notwithstanding ss. 847.012 and 847.0133, any person

802 in any jurisdiction other than this state who knew or reasonably

803 should have known that he or she was transmitting child sexual

804 abuse material ~~pornography, as defined in s. 847.001,~~ to any

805 person in this state commits a felony of the second ~~third~~

806 degree, punishable as provided in s. 775.082, s. 775.083, or s.

807 775.084. Except as provided in subsection (7), a person 18 years

808 of age or older at the time of the offense who is convicted of a

809 violation of this subsection must be sentenced to a mandatory

810 minimum term of imprisonment of 5 years.

811 (4) A person may not be prosecuted under this section for

812 providing a link, access credential, or other information, in

813 good faith, to a law enforcement agency, prosecuting authority,

814 or authorized forensic examiner for the purpose of reporting

815 suspected child sexual abuse material, cooperating with an

816 investigation, preserving evidence, or seeking lawful removal of

817 content.

818 (5)(4) This section shall not be construed to preclude

819 prosecution of a person in this state or another jurisdiction

820 for a violation of any law of this state, including a law

821 providing for greater penalties than prescribed in this section,

822 for the transmission of child sexual abuse material ~~pornography,~~

823 ~~as defined in s. 847.001,~~ to any person in this state.

824 (6)(5) A person is subject to prosecution in this state

825 pursuant to chapter 910 for any act or conduct proscribed by

826 this section, including a person in a jurisdiction other than

827 this state, if the act or conduct violates subsection (3).

828 (7) A court is not required to impose a mandatory minimum

829 term of imprisonment for a violation of this section if the

830 court makes the following written findings related to the image

831 that forms the basis of the violation:

832 (a) The child depicted in the image was 14 years of age or

833 older at the time the image was created;

834 (b) The image was created with the depicted child's

835 permission;

836 (c) The offender was not more than 4 years older than the

837 depicted child at the time the image was created; and

838 (d) The offender did not transmit the image to any third

839 party.

841 The provisions of this section do not apply to subscription-

842 based transmissions such as list servers.

843 Section 18. Section 847.0139, Florida Statutes, is amended

844 to read:

845 847.0139 Immunity from civil liability for reporting child

846 sexual abuse material ~~pornography,~~ transmission of child sexual

847 abuse material ~~pornography,~~ or any image, information, or data

848 harmful to minors to a minor in this state.—Any person who

849 reports to a law enforcement officer what the person reasonably

850 believes to be child sexual abuse material ~~pornography,~~

851 transmission of child sexual abuse material ~~pornography,~~ or any

852 image, information, or data that is harmful to minors to a minor

853 in this state may not be held civilly liable for such reporting.

854 For purposes of this section, such reporting may include

855 furnishing the law enforcement officer with any image,

856 information, or data that the person reasonably believes to be

857 evidence of child sexual abuse material ~~pornography,~~

858 transmission of child sexual abuse material ~~pornography,~~ or an

859 image, information, or data that is harmful to minors to a minor

860 in this state.

861 Section 19. Paragraph (g) of subsection (6) of section

862 903.011, Florida Statutes, is amended to read:

863 903.011 Pretrial release; general terms; statewide uniform

864 bond schedule.—

865 (6) A person may not be released before his or her first

866 appearance hearing or bail determination and a judge must

867 determine the appropriate bail, if any, based on an

868 individualized consideration of the criteria in s. 903.046(2),

869 if the person meets any of the following criteria:

870 (g) The person's current offense of arrest is for one or

871 more of the following crimes:

872 1. A capital felony, life felony, felony of the first

873 degree, or felony of the second degree;

874 2. A homicide under chapter 782; or any attempt,

875 solicitation, or conspiracy to commit a homicide;

876 3. Assault in furtherance of a riot or an aggravated riot;

877 felony battery; domestic battery by strangulation; domestic

878 violence, as defined in s. 741.28; stalking; mob intimidation;

879 assault or battery on a law enforcement officer; assault or

880 battery on juvenile probation officer, or other staff of a

881 detention center or commitment facility, or a staff member of a

882 commitment facility, or health services personnel; assault or

883 battery on a person 65 years of age or older; robbery; burglary;

884 carjacking; or resisting an officer with violence;

885 4. Kidnapping, false imprisonment, human trafficking, or

886 human smuggling;

887 5. Possession of a firearm or ammunition by a felon,

888 violent career criminal, or person subject to an injunction

889 against committing acts of domestic violence, stalking, or

890 cyberstalking;

891 6. Sexual battery; indecent, lewd, or lascivious touching;

892 exposure of sexual organs; incest; luring or enticing a child;

893 or child sexual abuse material ~~pornography;~~

894 7. Abuse, neglect, or exploitation of an elderly person or

895 disabled adult;

896 8. Child abuse or aggravated child abuse;

897 9. Arson; riot, aggravated riot, inciting a riot, or

898 aggravated inciting a riot; or a burglary or theft during a

899 riot;

900 10. Escape; tampering or retaliating against a witness,

901 victim, or informant; destruction of evidence; or tampering with

902 a jury;

903 11. Any offense committed for the purpose of benefiting,

904 promoting, or furthering the interests of a criminal gang;

905 12. Trafficking in a controlled substance, including

906 conspiracy to engage in trafficking in a controlled substance;

907 13. Racketeering; or

908 14. Failure to appear at required court proceedings while

909 on bail.

910 Section 20. Paragraphs (e), (f), and (g) of subsection (3)

911 of section 921.0022, Florida Statutes, are amended to read:

912 921.0022 Criminal Punishment Code; offense severity

913 ranking chart.—

914 (3) OFFENSE SEVERITY RANKING CHART

915 (e) LEVEL 5 Florida Felony Statute Degree Description 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene. 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. 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently. 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. 327.30(5)(a)2. 3rd Vessel accidents involving personal injuries other than serious bodily injury; leaving scene. 365.172 2nd Misuse of emergency (14)(b)2. communications system resulting in death. 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. 379.367(4) 3rd Willful molestation of a commercial harvester's spiny lobster trap, line, or buoy. 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters. 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive. 440.10(1)(g) 2nd Failure to obtain workers' compensation coverage. 440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims. 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums. 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender. 790.01(3) 3rd Unlawful carrying of a concealed firearm. 790.162 2nd Threat to throw or discharge destructive device. 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner. 790.221(1) 2nd Possession of short-barreled shotgun or machine gun. 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices. 796.05(1) 2nd Live on earnings of a prostitute; 1st offense. 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age. 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older. 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. 810.145(4) 3rd Commercial digital voyeurism dissemination. 810.145(7)(a) 2nd Digital voyeurism; 2nd or subsequent offense. 810.145(8)(a) 2nd Digital voyeurism; certain minor victims. 812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft from 20 or more dwellings or their unenclosed curtilage, or any combination. 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000. 812.015 3rd Retail theft; property stolen (8)(a) & (c)- is valued at $750 or more and (e) one or more specified acts. 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period. 812.015(8)(g) 3rd Retail theft; committed with specified number of other persons. 812.019(1) 2nd Stolen property; dealing in or trafficking in. 812.081(3) 2nd Trafficking in trade secrets. 812.131(2)(b) 3rd Robbery by sudden snatching. 812.16(2) 3rd Owning, operating, or conducting a chop shop. 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000. 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000. 817.2341(1), 3rd Filing false financial (2)(a) & statements, making false (3)(a) entries of material fact or false statements regarding property values relating to the solvency of an insuring entity. 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. 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents. 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder. 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death. 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent. 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. 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence. 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older. ~~847.0137 3rd Transmission of pornography by~~ ~~(2) & (3) electronic device or equipment.~~ 847.0138 3rd Transmission of material (2) & (3) harmful to minors to a minor by electronic device or equipment. 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense. 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang. 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). 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. 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. 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. 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. 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance. 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.

976 (f) LEVEL 6 Florida Felony Statute Degree Description 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury. 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction. 316.1935(4)(a) 2nd Aggravated fleeing or eluding. 327.30(5)(a)3. 2nd Vessel accidents involving serious bodily injury; leaving scene. 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license. 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement. 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person. 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person. 775.0875(1) 3rd Taking firearm from law enforcement officer. 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill. 784.021(1)(b) 3rd Aggravated assault; intent to commit felony. 784.041 3rd Felony battery; domestic battery by strangulation. 784.048(3) 3rd Aggravated stalking; credible threat. 784.048(5) 3rd Aggravated stalking of person under 16. 784.07(2)(c) 2nd Aggravated assault on law enforcement officer. 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff. 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older. 784.081(2) 2nd Aggravated assault on specified official or employee. 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee. 784.083(2) 2nd Aggravated assault on code inspector. 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01. 787.025(2)(a) 3rd Luring or enticing a child. 790.115(2)(d) 2nd Discharging firearm or weapon on school property. 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property. 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. 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult. 794.05(1) 2nd Unlawful sexual activity with specified minor. 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. 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older. 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person. 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery. 810.145(8)(b) 2nd Digital voyeurism; certain minor victims; 2nd or subsequent offense. 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. 812.014(2)(c)5. 3rd Grand theft; third degree; firearm. 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others. 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction. 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 120 days is $3,000 or more; coordination of others. 812.015(9)(d) 2nd Retail theft; multiple thefts within specified period. 812.015(9)(e) 2nd Retail theft; committed with specified number of other persons and use of social media platform. 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery). 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones. 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death. 817.505(4)(b) 2nd Patient brokering; 10 or more patients. 817.5695(3)(b) 2nd Exploitation of person 65 years of age or older, value $10,000 or more, but less than $50,000. 825.102(1) 3rd Abuse of an elderly person or disabled adult. 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult. 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult. 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000. 827.03(2)(c) 3rd Abuse of a child. 827.03(2)(d) 3rd Neglect of a child. 827.071(5) 2nd Possess, control, or ~~3rd~~ intentionally view any photographic material, motion picture, etc., which includes child sexual abuse material ~~pornography.~~ 828.126(4), (5) 3rd Sexual activities involving & (6) animals. ~~828.126(3)~~ 836.05 2nd Threats; extortion. 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism. 843.12 3rd Aids or assists person to escape. 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors. 847.012 3rd Knowingly using a minor in the production of materials harmful to minors. 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. 847.0137(2) & 2nd Transmitting child sexual abuse (3) material. 893.131 2nd Distribution of controlled substances resulting in overdose or serious bodily injury. 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury. 918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a capital felony. 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. 944.40 2nd Escapes. 944.46 3rd Harboring, concealing, aiding escaped prisoners. 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility. 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.

1047 (g) LEVEL 7 Florida Felony Statute Degree Description 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene. 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury. 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. 327.35(3)(a)3.b. 3rd Vessel BUI resulting in serious bodily injury. 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. 409.920 3rd Medicaid provider fraud; (2)(b)1.a. $10,000 or less. 409.920 2nd Medicaid provider fraud; more (2)(b)1.b. than $10,000, but less than $50,000. 456.065(2) 3rd Practicing a health care profession without a license. 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury. 458.327(1) 3rd Practicing medicine without a license. 459.013(1) 3rd Practicing osteopathic medicine without a license. 460.411(1) 3rd Practicing chiropractic medicine without a license. 461.012(1) 3rd Practicing podiatric medicine without a license. 462.17 3rd Practicing naturopathy without a license. 463.015(1) 3rd Practicing optometry without a license. 464.016(1) 3rd Practicing nursing without a license. 465.015(2) 3rd Practicing pharmacy without a license. 466.026(1) 3rd Practicing dentistry or dental hygiene without a license. 467.201 3rd Practicing midwifery without a license. 468.366 3rd Delivering respiratory care services without a license. 483.828(1) 3rd Practicing as clinical laboratory personnel without a license. 483.901(7) 3rd Practicing medical physics without a license. 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription. 484.053 3rd Dispensing hearing aids without a license. 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. 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. 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations. 775.21(10)(b) 3rd Sexual predator working where children regularly congregate. 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide). 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement. 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon. 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant. 784.048(4) 3rd Aggravated stalking; violation of injunction or court order. 784.048(7) 3rd Aggravated stalking; violation of court order. 784.07(2)(d) 1st Aggravated battery on law enforcement officer. 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff. 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older. 784.081(1) 1st Aggravated battery on specified official or employee. 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee. 784.083(1) 1st Aggravated battery on code inspector. 787.025(2)(b) 2nd Luring or enticing a child; second or subsequent offense. 787.025(2)(c) 2nd Luring or enticing a child with a specified prior conviction. 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult. 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. 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). 790.16(1) 1st Discharge of a machine gun under specified circumstances. 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb. 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. 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. 796.05(1) 1st Live on earnings of a prostitute; 2nd offense. 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense. 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age. 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. 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. 806.01(2) 2nd Maliciously damage structure by fire or explosive. 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery. 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery. 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery. 810.02(3)(e) 2nd Burglary of authorized emergency vehicle. 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. 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft. 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle. 812.014(2)(g) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5. 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more. 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. 812.131(2)(a) 2nd Robbery by sudden snatching. 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon. 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000. 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud. 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision. 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more. 817.2341 1st Making false entries of (2)(b) & material fact or false (3)(b) statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud. 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud. 817.535(2)(a) 3rd Filing false lien or other unauthorized document. 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents. 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 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. 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement. 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older. 827.071(3) 2nd ~~Use or induce a child in a~~ ~~827.071(2) & (3) sexual performance, or~~ Promote or direct sexual ~~such~~ performance by a child. 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child sexual abuse material ~~pornography.~~ 828.126 2nd Sexual activities involving (2) & (3) animals. 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer. 838.015 2nd Bribery. 838.016 2nd Unlawful compensation or reward for official behavior. 838.021(3)(a) 2nd Unlawful harm to a public servant. 838.22 2nd Bid tampering. 843.0855(2) 3rd Impersonation of a public officer or employee. 843.0855(3) 3rd Unlawful simulation of legal process. 843.0855(4) 3rd Intimidation of a public officer or employee. 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act. 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act. 872.06 2nd Abuse of a dead human body. 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense. 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. 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. 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. 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance. 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. 893.135 1st Trafficking in cocaine, more (1)(b)1.a. than 28 grams, less than 200 grams. 893.135 1st Trafficking in illegal drugs, (1)(c)1.a. more than 4 grams, less than 14 grams. 893.135 1st Trafficking in hydrocodone, 28 (1)(c)2.a. grams or more, less than 50 grams. 893.135 1st Trafficking in hydrocodone, 50 (1)(c)2.b. grams or more, less than 100 grams. 893.135 1st Trafficking in oxycodone, 7 (1)(c)3.a. grams or more, less than 14 grams. 893.135 1st Trafficking in oxycodone, 14 (1)(c)3.b. grams or more, less than 25 grams. 893.135 1st Trafficking in fentanyl, 4 (1)(c)4.b.(I) grams or more, less than 14 grams. 893.135 1st Trafficking in phencyclidine, (1)(d)1.a. 28 grams or more, less than 200 grams. 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms. 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams. 893.135 1st Trafficking in flunitrazepam, 4 (1)(g)1.a. grams or more, less than 14 grams. 893.135 1st Trafficking in gamma- (1)(h)1.a. hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. 893.135 1st Trafficking in 1,4-Butanediol, (1)(j)1.a. 1 kilogram or more, less than 5 kilograms. 893.135 1st Trafficking in Phenethylamines, (1)(k)2.a. 10 grams or more, less than 200 grams. 893.135 1st Trafficking in synthetic (1)(m)2.a. cannabinoids, 280 grams or more, less than 500 grams. 893.135 1st Trafficking in synthetic (1)(m)2.b. cannabinoids, 500 grams or more, less than 1,000 grams. 893.135 1st Trafficking in n-benzyl (1)(n)2.a. phenethylamines, 14 grams or more, less than 100 grams. 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance. 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000. 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements. 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements. 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements. 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.

1192 Section 21. Paragraph (c) of subsection (8) of section

1193 948.06, Florida Statutes, is amended to read:

1194 948.06 Violation of probation or community control;

1195 revocation; modification; continuance; failure to pay

1196 restitution or cost of supervision.—

1197 (8)

1198 (c) For purposes of this section, the term "qualifying

1199 offense" means any of the following:

1200 1. Kidnapping or attempted kidnapping under s. 787.01,

1201 false imprisonment of a child under the age of 13 under s.

1202 787.02(3), or luring or enticing a child under s. 787.025(2)(b)

1203 or (c).

1204 2. Murder or attempted murder under s. 782.04, attempted

1205 felony murder under s. 782.051, or manslaughter under s. 782.07.

1206 3. Aggravated battery or attempted aggravated battery

1207 under s. 784.045.

1208 4. Sexual battery or attempted sexual battery under s.

1209 794.011(2), (3), (4), or (8)(b) or (c).

1210 5. Lewd or lascivious battery or attempted lewd or

1211 lascivious battery under s. 800.04(4), lewd or lascivious

1212 molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious

1213 conduct under s. 800.04(6)(b), lewd or lascivious exhibition

1214 under s. 800.04(7)(b), or lewd or lascivious exhibition on

1215 computer under s. 847.0135(5)(b).

1216 6. Robbery or attempted robbery under s. 812.13,

1217 carjacking or attempted carjacking under s. 812.133, or home

1218 invasion robbery or attempted home invasion robbery under s.

1219 812.135.

1220 7. Lewd or lascivious offense upon or in the presence of

1221 an elderly or disabled person or attempted lewd or lascivious

1222 offense upon or in the presence of an elderly or disabled person

1223 under s. 825.1025.

1224 8. Sexual performance by a child or attempted sexual

1225 performance by a child under s. 827.071.

1226 9. Computer pornography under s. 847.0135(2) or (3),

1227 transmission of child sexual abuse material ~~pornography~~ under s.

1228 847.0137, or selling or buying of minors under s. 847.0145.

1229 10. Poisoning food or water under s. 859.01.

1230 11. Abuse of a dead human body under s. 872.06.

1231 12. Any burglary offense or attempted burglary offense

1232 that is either a first degree felony or second degree felony

1233 under s. 810.02(2) or (3).

1234 13. Arson or attempted arson under s. 806.01(1).

1235 14. Aggravated assault under s. 784.021.

1236 15. Aggravated stalking under s. 784.048(3), (4), (5), or

1237 (7).

1238 16. Aircraft piracy under s. 860.16.

1239 17. Unlawful throwing, placing, or discharging of a

1240 destructive device or bomb under s. 790.161(2), (3), or (4).

1241 18. Treason under s. 876.32.

1242 19. Any offense committed in another jurisdiction which

1243 would be an offense listed in this paragraph if that offense had

1244 been committed in this state.

1245 Section 22. Paragraph (e) of subsection (3) and subsection

1246 (10) of section 960.03, Florida Statutes, are amended to read:

1247 960.03 Definitions; ss. 960.01-960.28.—As used in ss.

1248 960.01-960.28, unless the context otherwise requires, the term:

1249 (3) "Crime" means:

1250 (e) A violation of s. 827.071, s. 847.0135, s. 847.0137,

1251 or s. 847.0138, related to online sexual exploitation and child

1252 sexual abuse material ~~pornography.~~

1253 (10) "Identified victim of child sexual abuse material

1254 ~~pornography"~~ means any person who, while under the age of 18, is

1255 depicted in any image or movie of child sexual abuse material

1256 ~~pornography~~ and who is identified through a report generated by

1257 a law enforcement agency and provided to the National Center for

1258 Missing and Exploited Children's Child Victim Identification

1259 Program.

1260 Section 23. Paragraph (b) of subsection (1) of section

1261 960.197, Florida Statutes, is amended to read:

1262 960.197 Assistance to victims of online sexual

1263 exploitation and child sexual abuse material ~~pornography.—~~

1264 (1) Notwithstanding the criteria set forth in s. 960.13

1265 for crime victim compensation awards, the department may award

1266 compensation for counseling and other mental health services to

1267 treat psychological injury or trauma to:

1268 (b) Any person who, while younger than age 18, was

1269 depicted in any image or movie, regardless of length, of child

1270 sexual abuse material ~~pornography~~ as defined in s. 847.001, who

1271 has been identified by a law enforcement agency or the National

1272 Center for Missing and Exploited Children as an identified

1273 victim of child sexual abuse material ~~pornography,~~ who suffers

1274 psychiatric or psychological injury as a direct result of the

1275 crime, and who does not otherwise sustain a personal injury or

1276 death.

1277 Section 24. This act shall take effect July 1, 2026.