CS/SB 1750 full text · Session Watch

Florida Senate - 2026 CS for SB 1750 By the Appropriations Committee on Criminal and Civil Justice; and Senator Martin 604-03225-26 20261750c1

1 A bill to be entitled

2 An act relating to sexual offenses; amending s.

3 775.0847, F.S.; revising a criteria related to the

4 reclassification of specified offenses; amending s.

5 794.0116, F.S.; revising mandatory minimum sentences

6 for certain sexual offenses by persons previously

7 convicted of sexual offenses; amending s. 827.071,

8 F.S.; increasing the criminal penalties for a person

9 who is guilty of the use of a child in a sexual

10 performance under certain circumstances; requiring

11 mandatory minimum sentences for certain offenses when

12 committed by specified offenders; prohibiting a person

13 from employing, authorizing, or inducing a child

14 younger than 12 years of age to engage in a sexual

15 performance; providing criminal penalties; requiring a

16 mandatory minimum sentence for a person who is guilty

17 of promoting a sexual performance by a child under

18 certain circumstances; increasing the criminal

19 penalties for knowingly soliciting, possessing,

20 controlling, or intentionally viewing certain

21 materials that include child pornography; providing

22 applicability of specified mandatory minimum

23 sentences; amending s. 827.072, F.S.; defining the

24 term “transmit”; providing criminal penalties for a

25 person transmitting child pornography to another

26 person; providing criminal penalties; increasing the

27 criminal penalties for intentionally creating

28 generated child pornography; amending s. 828.126,

29 F.S.; revising criminal penalties for certain sexual

30 activities involving animals; requiring a certain

31 court order to be effective for a certain number of

32 years; amending s. 847.011, F.S.; providing that

33 prosecution of a person for certain acts in connection

34 with obscene, lewd, etc., materials does not preclude

35 prosecution of that person for other specified

36 offenses; amending s. 847.0137, F.S.; defining terms;

37 increasing the criminal penalties for transmitting

38 child pornography; requiring mandatory minimum

39 sentences for certain offenses when committed by

40 specified offenders; prohibiting prosecution under

41 certain circumstances; providing applicability of

42 specified mandatory minimum sentences; amending s.

43 921.0022, F.S.; ranking offenses on the offense

44 severity ranking chart of the Criminal Punishment

45 Code; providing an effective date.

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

49 Section 1. Subsection (2) of section 775.0847, Florida

50 Statutes, is amended, and subsection (3) of that section is

51 republished, to read:

52 775.0847 Possession or promotion of certain images of child

53 pornography; reclassification.—

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

55 s. 847.0138 shall be reclassified to the next higher degree as

56 provided in subsection (3) if:

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

58 child pornography regardless of content; and

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

60 of the following:

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

62 2. Sadomasochistic abuse involving a child.

63 3. Sexual battery involving a child.

64 4. Sexual bestiality involving a child.

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

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

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

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

69 contains sound.

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

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

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

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

75 For purposes of sentencing under chapter 921 and determining

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

77 offense that is reclassified under this section is ranked one

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

79 offense committed.

80 Section 2. Subsection (1) of section 794.0116, Florida

81 Statutes, is amended to read:

82 794.0116 Sexual offenses by persons previously convicted of

83 sexual offenses.—

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

85 adjudication withheld for an offense specified in s.

86 943.0435(1)(h)1.a. and commits a violation of s. 800.04(5); s.

87 825.1025(3); s. 827.071(2), (3), (4), or (5)(a); s. 847.0135; s.

88 847.0137; or s. 847.0145 shall be sentenced to a mandatory

89 minimum term of imprisonment as follows:

91 Statute Mandatory Minimum

92 (a) 800.04(5) 15 10 years

93 (b) 825.1025(3) 10 years

94 (c) 827.071(2) 30 20 years

95 (d) 827.071(3) 20 years

96 (e) 827.071(4) 15 years

97 (f) 827.071(5)(a) 10 years

98 (g) 847.0135 10 years

99 (h) 847.0137 10 years

100 (i) 847.0145 30 20 years

102 Section 3. Subsections (2) and (3) and paragraph (a) of

103 subsection (5) of section 827.071, Florida Statutes, are

104 amended, and subsection (7) is added to that section, to read:

105 827.071 Sexual performance by a child; child pornography;

106 penalties.—

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

108 performance if, knowing the character and content thereof, he or

109 she employs, authorizes, or induces a child to engage in a

110 sexual performance or, being a parent, legal guardian, or

111 custodian of such child, consents to the participation by such

112 child in a sexual performance. A person who violates this

113 subsection commits a felony of the first ~~second~~ degree,

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

115 Except as provided in subsection (7), a person 18 years of age

116 or older at the time of the offense who is convicted of a

117 violation of this paragraph must be sentenced to a mandatory

118 minimum term of imprisonment of 15 years.

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

120 sexual performance if, knowing the character and content

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

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

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

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

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

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

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

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

129 a child when, knowing the character and content thereof, he or

130 she produces, directs, or promotes any performance which

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

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

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

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

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

136 subsection must be sentenced to a mandatory minimum term of

137 imprisonment of 5 years.

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

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

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

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

142 or she knows to include child pornography. The solicitation,

143 possession, control, or intentional viewing of each such

144 photograph, motion picture, exhibition, show, image, data,

145 computer depiction, representation, or presentation is a

146 separate offense. If such photograph, motion picture,

147 exhibition, show, representation, image, data, computer

148 depiction, or other presentation includes child pornography

149 depicting more than one child, then each such child in each such

150 photograph, motion picture, exhibition, show, representation,

151 image, data, computer depiction, or other presentation that is

152 knowingly solicited, possessed, controlled, or intentionally

153 viewed is a separate offense. A person who violates this

154 paragraph commits a felony of the second ~~third~~ degree,

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

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

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

158 court makes the following written findings related to the sexual

159 performance that forms the basis of the violation:

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

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

162 created;

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

164 child’s permission;

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

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

167 and

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

169 any third party.

170 Section 4. Section 827.072, Florida Statutes, is amended to

171 read:

172 827.072 Generated child pornography.—

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

174 (a) “Generated child pornography” means any image that has

175 been created, altered, adapted, or modified by electronic,

176 mechanical, or other computer-generated means to portray a

177 fictitious person, who a reasonable person would regard as being

178 a real person younger than 18 years of age, engaged in sexual

179 conduct.

180 (b) “Intentionally view” has the same meaning as in s.

181 827.071.

182 (c) “Sexual conduct” has the same meaning as in s. 827.071.

183 (d) “Transmit” has the same meaning as in s. 847.0137.

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

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

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

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

188 knows includes generated child pornography. The possession,

189 control, or intentional viewing of each such photograph, motion

190 picture, representation, image, data file, computer depiction,

191 or other presentation is a separate offense. A person who

192 violates this paragraph commits a felony of the third degree,

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

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

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

196 or she was transmitting generated child pornography to another

197 person in this state or in another jurisdiction commits a felony

198 of the second degree, punishable as provided in s. 775.082, s.

199 775.083, or s. 775.084.

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

201 any jurisdiction other than this state who knew or reasonably

202 should have known that he or she was transmitting generated

203 child pornography to any person in this state commits a felony

204 of the second degree, punishable as provided in s. 775.082, s.

205 775.083, or s. 775.084.

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

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

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

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

210 (c) A person who intentionally creates generated child

211 pornography commits a felony of the second ~~third~~ degree,

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

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

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

215 enforcement investigation.

216 Section 5. Section 828.126, Florida Statutes, is amended to

217 read:

218 828.126 Sexual activities involving animals.—

219 (1) As used in this section, the term “sexual contact with

220 an animal” means any act committed between a person and an

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

222 financial gain which involves:

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

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

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

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

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

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

229 into the vaginal or anal opening of a person.

230 (2) A person may not :

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

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

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

234 or s. 775.084. ;

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

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

237 person who violates this subsection commits a felony of the

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

239 or s. 775.084. ;

240 (4) ~~(c)~~ A person may not knowingly permit any sexual contact

241 with an animal to be conducted on any premises under his or her

242 charge or control . A person who violates this subsection commits

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

244 775.082, s. 775.083, or s. 775.084. ;

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

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

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

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

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

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

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

252 775.083, or s. 775.084. ~~; or~~

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

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

255 animal engaged in any of the activities prohibited by this

256 section.

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

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

259 775.082, s. 775.083, or s. 775.084.

260 (7) ~~(4)~~ In addition to other penalties prescribed by law,

261 the court shall issue an order prohibiting a person convicted

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

263 exercising control over any animal; from residing in any

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

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

266 volunteer position at any establishment at which animals are

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

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

269 adjudication is withheld.

270 (8) ~~(5)~~ This section does not apply to accepted animal

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

272 agricultural purposes, assistance with the birthing process or

273 artificial insemination of an animal for reproductive purposes,

274 accepted conformation judging practices, or accepted veterinary

275 medical practices.

276 Section 6. Subsection (12) is added to section 847.011,

277 Florida Statutes, and subsections (1) through (11) of that

278 section are republished, to read:

279 847.011 Prohibition of certain acts in connection with

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

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

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

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

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

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

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

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

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

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

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

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

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

293 mechanical or other means to be transmuted into auditory,

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

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

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

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

298 manner whatsoever manufactures or prepares any such material,

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

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

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

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

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

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

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

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

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

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

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

310 775.083. A person who, after having been convicted of a

311 violation of this subsection, thereafter violates any of its

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

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

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

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

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

317 evidence of the violation of the paragraph.

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

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

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

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

322 775.082, s. 775.083, or s. 775.084.

323 (d) A person’s ignorance of a minor’s age, a minor’s

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

325 minor’s age, or a minor’s consent may not be raised as a defense

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

327 subsection (2).

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

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

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

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

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

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

334 motor vehicle containing obscene descriptions, photographs, or

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

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

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

338 mechanical or other means to be transmuted into auditory,

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

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

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

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

343 commits a misdemeanor of the second degree, punishable as

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

345 been convicted of violating this subsection, thereafter violates

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

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

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

349 or prove the absence of such intent.

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

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

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

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

354 book, periodical, or publication reasonably believed by the

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

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

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

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

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

360 of the return thereof. Whoever violates this subsection is

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

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

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

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

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

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

367 775.082 or s. 775.083. Any person who, after having been

368 convicted of violating this subsection, thereafter violates any

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

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

371 775.083, or s. 775.084.

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

373 distribute, transmit, show, or transmute; offer to sell, lend,

374 give away, distribute, transmit, show, or transmute; have in his

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

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

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

378 2.a. Except as provided in sub-subparagraph b., a person

379 who violates this paragraph commits a felony of the third

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

381 775.084.

382 b. A person who is convicted of violating this paragraph a

383 second or subsequent time commits a felony of the second degree,

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

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

386 knowingly has in his or her possession, custody, or control an

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

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

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

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

391 punishable as provided in s. 775.082 or s. 775.083.

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

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

394 has violated paragraph (b).

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

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

397 including to search a private dwelling.

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

399 section shall constitute a separate offense and shall be

400 punishable as such.

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

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

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

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

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

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

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

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

409 facts and circumstances as would put a person of ordinary

410 intelligence and caution on inquiry as to such contents or

411 character.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

426 shall file a certificate of compliance.

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

428 threatened violation of this section upon complaint filed by the

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

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

431 municipality.

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

433 it is presented may grant an order restraining the person

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

435 Whenever the relator state attorney or attorney for a

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

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

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

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

440 is satisfied that sufficient notice of the application therefor

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

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

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

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

445 complaint or the affidavit of the plaintiff or other competent

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

447 immediate remedy is not afforded.

448 (c) The person sought to be enjoined shall be entitled to a

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

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

451 conclusion of the trial.

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

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

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

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

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

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

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

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

460 enjoined.

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

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

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

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

465 injunction brought under this subsection, is chargeable with

466 knowledge of the contents and character thereof.

467 (10) The several sheriffs and state attorneys shall

468 vigorously enforce this section within their respective

469 jurisdictions.

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

471 motion picture films permitted by s. 847.013.

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

473 section does not preclude prosecution of that person in this

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

475 a law providing for greater penalties than prescribed in this

476 section or any other crime punishing the sexual performance or

477 the sexual exploitation of children.

478 Section 7. Section 847.0137, Florida Statutes, is amended

479 to read:

480 847.0137 Transmission of pornography by electronic device

481 or equipment prohibited; penalties.—

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

483 (a) “Access credential” means any password, username,

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

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

486 other data in cloud storage.

487 (b) “Child pornography” has the same meaning as in s.

488 847.001.

489 (c) “Cloud storage” means any remote, networked, or third

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

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

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

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

494 other similar means.

495 (d) “Link” means any uniform resource locater (URL),

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

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

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

499 including in cloud storage.

500 (e) “Transmit” means the act of sending and causing to be

501 delivered, including the act of providing access for receiving

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

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

504 interconnected network, by use of any electronic equipment or

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

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

507 publishing, or otherwise making available a link, access

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

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

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

511 this state who knew or reasonably should have known that he or

512 she was transmitting child pornography ~~, as defined in s.~~

513 ~~847.001,~~ to another person in this state or in another

514 jurisdiction commits a felony of the second ~~third~~ degree,

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

516 Except as provided in subsection (7), a person 18 years of age

517 or older at the time of the offense who is convicted of a

518 violation of this subsection must be sentenced to a mandatory

519 minimum term of imprisonment of 5 years.

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

521 any jurisdiction other than this state who knew or reasonably

522 should have known that he or she was transmitting child

523 pornography ~~, as defined in s. 847.001,~~ to any person in this

524 state commits a felony of the second ~~third~~ degree, punishable as

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

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

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

528 subsection must be sentenced to a mandatory minimum term of

529 imprisonment of 5 years.

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

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

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

533 or authorized forensic examiner for the purpose of reporting

534 suspected child pornography, cooperating with an investigation,

535 preserving evidence, or seeking lawful removal of content.

536 (5) ~~(4)~~ This section shall not be construed to preclude

537 prosecution of a person in this state or another jurisdiction

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

539 providing for greater penalties than prescribed in this section,

540 for the transmission of child pornography, as defined in s.

541 847.001, to any person in this state.

542 (6) ~~(5)~~ A person is subject to prosecution in this state

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

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

545 this state, if the act or conduct violates subsection (4) ~~(3)~~ .

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

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

548 court makes the following written findings related to the image

549 that forms the basis of the violation:

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

551 older at the time the image was created;

552 (b) The image was created with the depicted child’s

553 permission;

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

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

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

557 party.

559 The provisions of this section do not apply to subscription

560 based transmissions such as list servers.

561 Section 8. Paragraphs (e), (f), and (g) of subsection (3)

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

563 921.0022 Criminal Punishment Code; offense severity ranking

564 chart.—

565 (3) OFFENSE SEVERITY RANKING CHART

566 (e) LEVEL 5

568 FloridaStatute FelonyDegree Description

569 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.

570 316.1935(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.

571 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.

572 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.

573 327.30(5)(a)2. 3rd Vessel accidents involving personal injuries other than serious bodily injury; leaving scene.

574 365.172 (14)(b)2. 2nd Misuse of emergency communications system resulting in death.

575 379.365(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.

576 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.

577 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.

578 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.

579 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.

580 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.

581 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.

582 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.

583 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.

584 790.01(3) 3rd Unlawful carrying of a concealed firearm.

585 790.162 2nd Threat to throw or discharge destructive device.

586 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.

587 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.

588 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.

589 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.

590 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.

591 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.

592 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.

593 810.145(4) 3rd Commercial digital voyeurism dissemination.

594 810.145(7)(a) 2nd Digital voyeurism; 2nd or subsequent offense.

595 810.145(8)(a) 2nd Digital voyeurism; certain minor victims.

596 812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft from 20 or more dwellings or their unenclosed curtilage, or any combination.

597 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.

598 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.

599 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.

600 812.015(8)(g) 3rd Retail theft; committed with specified number of other persons.

601 812.019(1) 2nd Stolen property; dealing in or trafficking in.

602 812.081(3) 2nd Trafficking in trade secrets.

603 812.131(2)(b) 3rd Robbery by sudden snatching.

604 812.16(2) 3rd Owning, operating, or conducting a chop shop.

605 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.

606 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.

607 817.2341(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.

608 817.568(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.

609 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.

610 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.

611 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.

612 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.

613 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.

614 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.

615 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.

616 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.

617 ~~847.0137~~ ~~(2) & (3)~~ ~~3rd~~ ~~Transmission of pornography by electronic device or equipment.~~

618 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.

619 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.

620 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.

621 893.13(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).

622 893.13(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.

623 893.13(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.

624 893.13(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.

625 893.13(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.

626 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.

627 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.

628 (f) LEVEL 6

630 FloridaStatute FelonyDegree Description

631 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.

632 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.

633 316.1935(4)(a) 2nd Aggravated fleeing or eluding.

634 327.30(5)(a)3. 2nd Vessel accidents involving serious bodily injury; leaving scene.

635 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.

636 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.

637 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.

638 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.

639 775.0875(1) 3rd Taking firearm from law enforcement officer.

640 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.

641 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.

642 784.041 3rd Felony battery; domestic battery by strangulation.

643 784.048(3) 3rd Aggravated stalking; credible threat.

644 784.048(5) 3rd Aggravated stalking of person under 16.

645 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.

646 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.

647 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.

648 784.081(2) 2nd Aggravated assault on specified official or employee.

649 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.

650 784.083(2) 2nd Aggravated assault on code inspector.

651 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.

652 787.025(2)(a) 3rd Luring or enticing a child.

653 790.115(2)(d) 2nd Discharging firearm or weapon on school property.

654 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.

655 790.164(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.

656 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.

657 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.

658 794.05(1) 2nd Unlawful sexual activity with specified minor.

659 800.04(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.

660 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.

661 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.

662 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.

663 810.145(8)(b) 2nd Digital voyeurism; certain minor victims; 2nd or subsequent offense.

664 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.

665 812.014(2)(c)5. 3rd Grand theft; third degree; firearm.

666 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.

667 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.

668 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 120 days is $3,000 or more; coordination of others.

669 812.015(9)(d) 2nd Retail theft; multiple thefts within specified period.

670 812.015(9)(e) 2nd Retail theft; committed with specified number of other persons and use of social media platform.

671 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).

672 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.

673 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death.

674 817.505(4)(b) 2nd Patient brokering; 10 or more patients.

675 817.5695(3)(b) 2nd Exploitation of person 65 years of age or older, value $10,000 or more, but less than $50,000.

676 825.102(1) 3rd Abuse of an elderly person or disabled adult.

677 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.

678 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.

679 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.

680 827.03(2)(c) 3rd Abuse of a child.

681 827.03(2)(d) 3rd Neglect of a child.

682 827.071(5) 2nd ~~3rd~~ Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.

683 828.126 (4), (5) & (6) ~~828.126(3)~~ 3rd Sexual activities involving animals.

684 836.05 2nd Threats; extortion.

685 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.

686 843.12 3rd Aids or assists person to escape.

687 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.

688 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.

689 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.

690 847.0137 (2) & (3) 2nd Transmitting child pornography.

691 893.131 2nd Distribution of controlled substances resulting in overdose or serious bodily injury.

692 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.

693 918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a capital felony.

694 944.35(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.

695 944.40 2nd Escapes.

696 944.46 3rd Harboring, concealing, aiding escaped prisoners.

697 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.

698 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.

699 (g) LEVEL 7

701 FloridaStatute FelonyDegree Description

702 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.

703 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.

704 316.1935(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.

705 327.35(3)(a)3.b. 3rd Vessel BUI resulting in serious bodily injury.

706 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.

707 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.

708 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.

709 456.065(2) 3rd Practicing a health care profession without a license.

710 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.

711 458.327(1) 3rd Practicing medicine without a license.

712 459.013(1) 3rd Practicing osteopathic medicine without a license.

713 460.411(1) 3rd Practicing chiropractic medicine without a license.

714 461.012(1) 3rd Practicing podiatric medicine without a license.

715 462.17 3rd Practicing naturopathy without a license.

716 463.015(1) 3rd Practicing optometry without a license.

717 464.016(1) 3rd Practicing nursing without a license.

718 465.015(2) 3rd Practicing pharmacy without a license.

719 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.

720 467.201 3rd Practicing midwifery without a license.

721 468.366 3rd Delivering respiratory care services without a license.

722 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.

723 483.901(7) 3rd Practicing medical physics without a license.

724 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.

725 484.053 3rd Dispensing hearing aids without a license.

726 494.0018(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.

727 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.

728 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.

729 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.

730 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.

731 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.

732 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.

733 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.

734 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).

735 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).

736 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).

737 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.

738 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.

739 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.

740 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.

741 784.048(7) 3rd Aggravated stalking; violation of court order.

742 784.07(2)(d) 1st Aggravated battery on law enforcement officer.

743 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.

744 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.

745 784.081(1) 1st Aggravated battery on specified official or employee.

746 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.

747 784.083(1) 1st Aggravated battery on code inspector.

748 787.025(2)(b) 2nd Luring or enticing a child; second or subsequent offense.

749 787.025(2)(c) 2nd Luring or enticing a child with a specified prior conviction.

750 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.

751 787.06(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.

752 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).

753 790.16(1) 1st Discharge of a machine gun under specified circumstances.

754 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.

755 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.

756 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.

757 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.

758 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.

759 794.08(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.

760 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.

761 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.

762 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.

763 800.04(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.

764 800.04(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.

765 806.01(2) 2nd Maliciously damage structure by fire or explosive.

766 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.

767 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.

768 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.

769 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.

770 812.014(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.

771 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.

772 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.

773 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.

774 812.014(2)(g) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5.

775 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.

776 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.

777 812.131(2)(a) 2nd Robbery by sudden snatching.

778 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.

779 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.

780 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.

781 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.

782 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.

783 817.2341 (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.

784 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud.

785 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud.

786 817.535(2)(a) 3rd Filing false lien or other unauthorized document.

787 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.

788 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.

789 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.

790 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.

791 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.

792 827.071(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 .

793 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.

794 828.126 (2) & (3) 2nd Sexual activities involving animals.

795 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.

796 838.015 2nd Bribery.

797 838.016 2nd Unlawful compensation or reward for official behavior.

798 838.021(3)(a) 2nd Unlawful harm to a public servant.

799 838.22 2nd Bid tampering.

800 843.0855(2) 3rd Impersonation of a public officer or employee.

801 843.0855(3) 3rd Unlawful simulation of legal process.

802 843.0855(4) 3rd Intimidation of a public officer or employee.

803 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.

804 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.

805 872.06 2nd Abuse of a dead human body.

806 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.

807 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.

808 893.13(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.

809 893.13(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.

810 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.

811 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.

812 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.

813 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.

814 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.

815 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams.

816 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.

817 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.

818 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.

819 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.

820 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.

821 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.

822 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.

823 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.

824 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.

825 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.

826 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.

827 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.

828 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.

829 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.

830 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.

831 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.

832 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.

833 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.

834 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.

835 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

836 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.

837 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.

838 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.

839 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

840 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.

841 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.

842 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

843 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.

844 Section 9. This act shall take effect July 1, 2026.