SESSION WATCH
THE BILL ITSELF

CS/HB 245

Child Pornography Terminology

VERSION H 245 er · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

2 An act relating to child pornography terminology;
3 creating s. 847.0015, F.S.; providing legislative
4 intent; providing applicability; amending ss. 39.0138,
5 92.56, 92.561, 435.07, 456.074, 775.0847, 827.071,
6 827.072, 836.13, 836.14, 847.001, 847.002, 847.01357,
7 847.0139, 903.011, 948.06, 960.03, and 960.197, F.S.;
8 replacing the term "child pornography" with the term
9 "child sexual abuse material"; amending ss. 847.0137
10 and 921.0022, F.S.; replacing the terms "pornography"
11 and "child pornography" with the term "child sexual
12 abuse material"; providing an effective date.
14 Be It Enacted by the Legislature of the State of Florida:
16 Section 1. Section 847.0015, Florida Statutes, is created
17 to read:
18 847.0015 Intent; child sexual abuse material;
19 applicability.—
20 (1) It is the intent of the Legislature to change the term
21 "child pornography" to the term "child sexual abuse material"
22 throughout the Florida Statutes. Using the term "child sexual
23 abuse material" represents the nature of the sexually abusive
24 content, emphasizing that the child is a victim of such content.
25 Changing the term "child pornography" to "child sexual abuse
26 material" is not intended to change or alter in any other way
27 the definition of the term or the elements of any offense
28 relating to child pornography.
29 (2) Any prior judicial interpretation or finding from
30 state or federal case law relating to child pornography must be
31 applied in the same manner to any offense relating to child
32 sexual abuse material.
33 (3) This section applies to any law that uses the term
34 "child sexual abuse material," including in this chapter and
35 chapters 39, 92, 435, 456, 775, 827, 836, 903, 948, and 960.
36 Section 2. Paragraph (c) of subsection (3) of section
37 39.0138, Florida Statutes, is amended to read:
38 39.0138 Criminal history and other records checks; limit
39 on placement of a child.—
40 (3) The department may not place a child with a person
41 other than a parent if the criminal history records check
42 reveals that the person has been convicted of any felony that
43 falls within any of the following categories:
44 (c) Child sexual abuse material pornography or other
45 felony in which a child was a victim of the offense; or
46 Section 3. Subsection (3) of section 92.56, Florida
47 Statutes, is amended to read:
48 92.56 Judicial proceedings and court records involving
49 sexual offenses and human trafficking.—
50 (3) The state may use a pseudonym instead of the victim's
51 name to designate the victim of a crime described in s.
52 787.06(3)(a)1., (c)1., or (e)1., in s. 787.06(3)(b), (d), (f),
53 or (g), or in chapter 794 or chapter 800, or of child abuse,
54 aggravated child abuse, or sexual performance by a child as
55 described in chapter 827, or any crime involving the production,
56 possession, or promotion of child sexual abuse material
57 pornography as described in chapter 847, in all court records
58 and records of court proceedings, both civil and criminal.
59 Section 4. Section 92.561, Florida Statutes, is amended to
60 read:
61 92.561 Prohibition on reproduction of child sexual abuse
62 material pornography.—
63 (1) In a criminal proceeding, any property or material
64 that portrays sexual performance by a child as defined in s.
65 827.071, constitutes generated child sexual abuse material
66 pornography as defined in s. 827.072, or constitutes child
67 sexual abuse material pornography as defined in s. 847.001, must
68 remain secured or locked in the care, custody, and control of a
69 law enforcement agency, the state attorney, or the court.
70 (2) Notwithstanding any law or rule of court, a court
71 shall deny, in a criminal proceeding, any request by the
72 defendant to copy, photograph, duplicate, or otherwise reproduce
73 any property or material that portrays sexual performance by a
74 child, constitutes generated child sexual abuse material
75 pornography, or constitutes child sexual abuse material
76 pornography so long as the state attorney makes the property or
77 material reasonably available to the defendant.
78 (3) For purposes of this section, property or material is
79 deemed to be reasonably available to the defendant if the state
80 attorney provides ample opportunity at a designated facility for
81 the inspection, viewing, and examination of the property or
82 material that portrays sexual performance by a child,
83 constitutes generated child sexual abuse material pornography,
84 or constitutes child sexual abuse material pornography by the
85 defendant, his or her attorney, or any individual whom the
86 defendant uses as an expert during the discovery process or at a
87 court proceeding.
88 Section 5. Paragraph (c) of subsection (4) of section
89 435.07, Florida Statutes, is amended to read:
90 435.07 Exemptions from disqualification.—Unless otherwise
91 provided by law, the provisions of this section apply to
92 exemptions from disqualification for disqualifying offenses
93 revealed pursuant to background screenings required under this
94 chapter, regardless of whether those disqualifying offenses are
95 listed in this chapter or other laws.
96 (4)
97 (c) Disqualification from employment under this chapter
98 may not be removed from, and an exemption may not be granted to,
99 any current or prospective child care personnel, as defined in
100 s. 402.302(3), and such a person is disqualified from employment
101 as child care personnel, regardless of any previous exemptions
102 from disqualification, if the person has been registered as a
103 sex offender as described in 42 U.S.C. s. 9858f(c)(1)(C) or has
104 been arrested for and is awaiting final disposition of, has been
105 convicted or found guilty of, or entered a plea of guilty or
106 nolo contendere to, regardless of adjudication, or has been
107 adjudicated delinquent and the record has not been sealed or
108 expunged for, any offense prohibited under any of the following
109 provisions of state law or a similar law of another
110 jurisdiction:
111 1. A felony offense prohibited under any of the following
112 statutes:
113 a. Chapter 741, relating to domestic violence.
114 b. Section 782.04, relating to murder.
115 c. Section 782.07, relating to manslaughter; aggravated
116 manslaughter of an elderly person or disabled adult; aggravated
117 manslaughter of a child; or aggravated manslaughter of an
118 officer, a firefighter, an emergency medical technician, or a
119 paramedic.
120 d. Section 784.021, relating to aggravated assault.
121 e. Section 784.045, relating to aggravated battery.
122 f. Section 787.01, relating to kidnapping.
123 g. Section 787.025, relating to luring or enticing a
124 child.
125 h. Section 787.04(2), relating to leading, taking,
126 enticing, or removing a minor beyond the state limits, or
127 concealing the location of a minor, with criminal intent pending
128 custody proceedings.
129 i. Section 787.04(3), relating to leading, taking,
130 enticing, or removing a minor beyond the state limits, or
131 concealing the location of a minor, with criminal intent pending
132 dependency proceedings or proceedings concerning alleged abuse
133 or neglect of a minor.
134 j. Section 794.011, relating to sexual battery.
135 k. Former s. 794.041, relating to sexual activity with or
136 solicitation of a child by a person in familial or custodial
137 authority.
138 l. Section 794.05, relating to unlawful sexual activity
139 with certain minors.
140 m. Section 794.08, relating to female genital mutilation.
141 n. Section 806.01, relating to arson.
142 o. Section 826.04, relating to incest.
143 p. Section 827.03, relating to child abuse, aggravated
144 child abuse, or neglect of a child.
145 q. Section 827.04, relating to contributing to the
146 delinquency or dependency of a child.
147 r. Section 827.071, relating to sexual performance by a
148 child.
149 s. Chapter 847, relating to child sexual abuse material
150 pornography.
151 t. Chapter 893, relating to a drug abuse prevention and
152 control offense, if that offense was committed in the preceding
153 5 years.
154 u. Section 985.701, relating to sexual misconduct in
155 juvenile justice programs.
156 2. A misdemeanor offense prohibited under any of the
157 following statutes:
158 a. Section 784.03, relating to battery, if the victim of
159 the offense was a minor.
160 b. Section 787.025, relating to luring or enticing a
161 child.
162 c. Chapter 847, relating to child sexual abuse material
163 pornography.
164 3. A criminal act committed in another state or under
165 federal law which, if committed in this state, constitutes an
166 offense prohibited under any statute listed in subparagraph 1.
167 or subparagraph 2.
168 Section 6. Paragraph (aa) of subsection (5) of section
169 456.074, Florida Statutes, is amended to read:
170 456.074 Certain health care practitioners; immediate
171 suspension of license.—
172 (5) The department shall issue an emergency order
173 suspending the license of any health care practitioner who is
174 arrested for committing or attempting, soliciting, or conspiring
175 to commit any act that would constitute a violation of any of
176 the following criminal offenses in this state or similar
177 offenses in another jurisdiction:
178 (aa) Section 847.0137, relating to the transmission of
179 child sexual abuse material pornography by electronic device or
180 equipment.
181 Section 7. Paragraph (b) of subsection (1) and paragraph
182 (a) of subsection (2) of section 775.0847, Florida Statutes, are
183 amended to read:
184 775.0847 Possession or promotion of certain images of
185 child sexual abuse material pornography; reclassification.—
186 (1) For purposes of this section:
187 (b) "Child sexual abuse material pornography" means:
188 1. Any image depicting a minor engaged in sexual conduct;
189 or
190 2. Any image that has been created, altered, adapted, or
191 modified by electronic, mechanical, or other means, to portray
192 an identifiable minor engaged in sexual conduct.
193 (2) A violation of s. 827.071, s. 847.0135, s. 847.0137,
194 or s. 847.0138 shall be reclassified to the next higher degree
195 as provided in subsection (3) if:
196 (a) The offender possesses 10 or more images of any form
197 of child sexual abuse material pornography regardless of
198 content; and
200 For purposes of sentencing under chapter 921 and determining
201 incentive gain-time eligibility under chapter 944, a felony
202 offense that is reclassified under this section is ranked one
203 level above the ranking under s. 921.0022 or s. 921.0023 of the
204 offense committed.
205 Section 8. Paragraph (b) of subsection (1), subsection
206 (4), and paragraph (a) of subsection (5) of section 827.071,
207 Florida Statutes, are amended to read:
208 827.071 Sexual performance by a child; child sexual abuse
209 material pornography; penalties.—
210 (1) As used in this section, the following definitions
211 shall apply:
212 (b) "Child sexual abuse material pornography" means:
213 1. Any image depicting a minor engaged in sexual conduct;
214 or
215 2. Any image that has been created, altered, adapted, or
216 modified by electronic, mechanical, or other means, to portray
217 an identifiable minor engaged in sexual conduct.
218 (4) It is unlawful for any person to possess with the
219 intent to promote any photograph, motion picture, exhibition,
220 show, representation, or other presentation which, in whole or
221 in part, includes child sexual abuse material pornography. The
222 possession of three or more copies of such photograph, motion
223 picture, representation, or presentation is prima facie evidence
224 of an intent to promote. A person who violates this subsection
225 commits a felony of the second degree, punishable as provided in
226 s. 775.082, s. 775.083, or s. 775.084.
227 (5)(a) It is unlawful for any person to knowingly solicit,
228 possess, control, or intentionally view a photograph, motion
229 picture, exhibition, show, representation, image, data, computer
230 depiction, or other presentation which, in whole or in part, he
231 or she knows to include child sexual abuse material pornography.
232 The solicitation, possession, control, or intentional viewing of
233 each such photograph, motion picture, exhibition, show, image,
234 data, computer depiction, representation, or presentation is a
235 separate offense. If such photograph, motion picture,
236 exhibition, show, representation, image, data, computer
237 depiction, or other presentation includes child sexual abuse
238 material pornography depicting more than one child, then each
239 such child in each such photograph, motion picture, exhibition,
240 show, representation, image, data, computer depiction, or other
241 presentation that is knowingly solicited, possessed, controlled,
242 or intentionally viewed is a separate offense. A person who
243 violates this paragraph commits a felony of the third degree,
244 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
245 Section 9. Paragraph (a) of subsection (1) and paragraphs
246 (a) and (b) of subsection (2) of section 827.072, Florida
247 Statutes, are amended to read:
248 827.072 Generated child sexual abuse material
249 pornography.—
250 (1) As used in this section, the term:
251 (a) "Generated child sexual abuse material pornography"
252 means any image that has been created, altered, adapted, or
253 modified by electronic, mechanical, or other computer-generated
254 means to portray a fictitious person, who a reasonable person
255 would regard as being a real person younger than 18 years of
256 age, engaged in sexual conduct.
257 (2)(a) It is unlawful for a person to knowingly possess or
258 control or intentionally view a photograph, a motion picture, a
259 representation, an image, a data file, a computer depiction, or
260 any other presentation which, in whole or in part, he or she
261 knows includes generated child sexual abuse material
262 pornography. The possession, control, or intentional viewing of
263 each such photograph, motion picture, representation, image,
264 data file, computer depiction, or other presentation is a
265 separate offense. A person who violates this paragraph commits a
266 felony of the third degree, punishable as provided in s.
267 775.082, s. 775.083, or s. 775.084.
268 (b) A person who intentionally creates generated child
269 sexual abuse material pornography commits a felony of the third
270 degree, punishable as provided in s. 775.082, s. 775.083, or s.
271 775.084.
272 Section 10. Subsection (11) of section 836.13, Florida
273 Statutes, is amended to read:
274 836.13 Altered sexual depictions; prohibited acts;
275 penalties; applicability.—
276 (11) Prosecution of a person for an offense under this
277 section does not preclude prosecution of that person in this
278 state for a violation of any other law of this state, including
279 a law providing for greater penalties than prescribed in this
280 section or any other crime related to child sexual abuse
281 material pornography or the sexual performance or the sexual
282 exploitation of children.
283 Section 11. Subsection (9) of section 836.14, Florida
284 Statutes, is amended to read:
285 836.14 Theft or unauthorized promotion of a sexually
286 explicit image.—
287 (9) Prosecution of a person for an offense under this
288 section does not preclude prosecution of that person in this
289 state for a violation of any other law of this state, including
290 a law providing for greater penalties than prescribed in this
291 section or any other crime related to child sexual abuse
292 material pornography or the sexual performance or the sexual
293 exploitation of children.
294 Section 12. Subsection (3) of section 847.001, Florida
295 Statutes, is amended to read:
296 847.001 Definitions.—As used in this chapter, the term:
297 (3) "Child sexual abuse material pornography" means:
298 (a) Any image depicting a minor engaged in sexual conduct;
299 or
300 (b) Any image that has been created, altered, adapted, or
301 modified by electronic, mechanical, or other means, to portray
302 an identifiable minor engaged in sexual conduct.
303 Section 13. Section 847.002, Florida Statutes, is amended
304 to read:
305 847.002 Child sexual abuse material pornography
306 prosecutions.—
307 (1) Any law enforcement officer who, pursuant to a
308 criminal investigation, recovers images or movies of child
309 sexual abuse material pornography shall:
310 (a) Provide such images or movies to the law enforcement
311 agency representative assigned to the Child Victim
312 Identification Program at the National Center for Missing and
313 Exploited Children, as required by the center's guidelines.
314 (b) Request the law enforcement agency contact information
315 from the Child Victim Identification Program for any images or
316 movies recovered which contain an identified victim of child
317 sexual abuse material pornography as defined in s. 960.03.
318 (c) Provide case information to the Child Victim
319 Identification Program, as required by the National Center for
320 Missing and Exploited Children guidelines, in any case where the
321 law enforcement officer identifies a previously unidentified
322 victim of child sexual abuse material pornography.
323 (2) Any law enforcement officer submitting a case for
324 prosecution which involves the production, promotion, or
325 possession of child sexual abuse material pornography shall
326 submit to the designated prosecutor the law enforcement agency
327 contact information provided by the Child Victim Identification
328 Program at the National Center for Missing and Exploited
329 Children, for any images or movies involved in the case which
330 contain the depiction of an identified victim of child sexual
331 abuse material pornography as defined in s. 960.03.
332 (3) In every filed case involving an identified victim of
333 child sexual abuse material pornography, as defined in s.
334 960.03, the prosecuting agency shall enter the following
335 information into the Victims in Child Pornography Tracking
336 Repeat Exploitation database maintained by the Office of the
337 Attorney General:
338 (a) The case number and agency file number.
339 (b) The named defendant.
340 (c) The circuit court division and county.
341 (d) Current court dates and the status of the case.
342 (e) Contact information for the prosecutor assigned.
343 (f) Verification that the prosecutor is or is not in
344 possession of a victim impact statement and will use the
345 statement in sentencing.
346 Section 14. Subsections (1) and (4) of section 847.01357,
347 Florida Statutes, are amended to read:
348 847.01357 Exploited children's civil remedy.—
349 (1) Any person who, while under the age of 18, was a
350 victim of a sexual abuse crime listed in chapter 794, chapter
351 800, chapter 827, or chapter 847, where any portion of such
352 abuse was used in the production of child sexual abuse material
353 pornography, and who suffers personal or psychological injury as
354 a result of the production, promotion, or possession of such
355 images or movies, may bring an action in an appropriate state
356 court against the producer, promoter, or possessor of such
357 images or movies, regardless of whether the victim is now an
358 adult. In any action brought under this section, a prevailing
359 plaintiff shall recover the actual damages such person sustained
360 and the cost of the suit, including reasonable attorney's fees.
361 Any victim who is awarded damages under this section shall be
362 deemed to have sustained damages of at least $150,000.
363 (4) It is not a defense to a civil cause of action under
364 this section that the respondent did not know the victim or
365 commit the abuse depicted in any image of child sexual abuse
366 material pornography.
367 Section 15. Subsections (2), (3), and (4) of section
368 847.0137, Florida Statutes, are amended to read:
369 847.0137 Transmission of child sexual abuse material
370 pornography by electronic device or equipment prohibited;
371 penalties.—
372 (2) Notwithstanding ss. 847.012 and 847.0133, any person
373 in this state who knew or reasonably should have known that he
374 or she was transmitting child sexual abuse material pornography,
375 as defined in s. 847.001, to another person in this state or in
376 another jurisdiction commits a felony of the third degree,
377 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
378 (3) Notwithstanding ss. 847.012 and 847.0133, any person
379 in any jurisdiction other than this state who knew or reasonably
380 should have known that he or she was transmitting child sexual
381 abuse material pornography, as defined in s. 847.001, to any
382 person in this state commits a felony of the third degree,
383 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
384 (4) This section shall not be construed to preclude
385 prosecution of a person in this state or another jurisdiction
386 for a violation of any law of this state, including a law
387 providing for greater penalties than prescribed in this section,
388 for the transmission of child sexual abuse material pornography,
389 as defined in s. 847.001, to any person in this state.
391 The provisions of this section do not apply to subscription-
392 based transmissions such as list servers.
393 Section 16. Section 847.0139, Florida Statutes, is amended
394 to read:
395 847.0139 Immunity from civil liability for reporting child
396 sexual abuse material pornography, transmission of child sexual
397 abuse material pornography, or any image, information, or data
398 harmful to minors to a minor in this state.—Any person who
399 reports to a law enforcement officer what the person reasonably
400 believes to be child sexual abuse material pornography,
401 transmission of child sexual abuse material pornography, or any
402 image, information, or data that is harmful to minors to a minor
403 in this state may not be held civilly liable for such reporting.
404 For purposes of this section, such reporting may include
405 furnishing the law enforcement officer with any image,
406 information, or data that the person reasonably believes to be
407 evidence of child sexual abuse material pornography,
408 transmission of child sexual abuse material pornography, or an
409 image, information, or data that is harmful to minors to a minor
410 in this state.
411 Section 17. Paragraph (g) of subsection (6) of section
412 903.011, Florida Statutes, is amended to read:
413 903.011 Pretrial release; general terms; statewide uniform
414 bond schedule.—
415 (6) A person may not be released before his or her first
416 appearance hearing or bail determination and a judge must
417 determine the appropriate bail, if any, based on an
418 individualized consideration of the criteria in s. 903.046(2),
419 if the person meets any of the following criteria:
420 (g) The person's current offense of arrest is for one or
421 more of the following crimes:
422 1. A capital felony, life felony, felony of the first
423 degree, or felony of the second degree;
424 2. A homicide under chapter 782; or any attempt,
425 solicitation, or conspiracy to commit a homicide;
426 3. Assault in furtherance of a riot or an aggravated riot;
427 felony battery; domestic battery by strangulation; domestic
428 violence, as defined in s. 741.28; stalking; mob intimidation;
429 assault or battery on a law enforcement officer; assault or
430 battery on juvenile probation officer, or other staff of a
431 detention center or commitment facility, or a staff member of a
432 commitment facility, or health services personnel; assault or
433 battery on a person 65 years of age or older; robbery; burglary;
434 carjacking; or resisting an officer with violence;
435 4. Kidnapping, false imprisonment, human trafficking, or
436 human smuggling;
437 5. Possession of a firearm or ammunition by a felon,
438 violent career criminal, or person subject to an injunction
439 against committing acts of domestic violence, stalking, or
440 cyberstalking;
441 6. Sexual battery; indecent, lewd, or lascivious touching;
442 exposure of sexual organs; incest; luring or enticing a child;
443 or child sexual abuse material pornography;
444 7. Abuse, neglect, or exploitation of an elderly person or
445 disabled adult;
446 8. Child abuse or aggravated child abuse;
447 9. Arson; riot, aggravated riot, inciting a riot, or
448 aggravated inciting a riot; or a burglary or theft during a
449 riot;
450 10. Escape; tampering or retaliating against a witness,
451 victim, or informant; destruction of evidence; or tampering with
452 a jury;
453 11. Any offense committed for the purpose of benefiting,
454 promoting, or furthering the interests of a criminal gang;
455 12. Trafficking in a controlled substance, including
456 conspiracy to engage in trafficking in a controlled substance;
457 13. Racketeering; or
458 14. Failure to appear at required court proceedings while
459 on bail.
460 Section 18. Paragraphs (e), (f), and (g) of subsection (3)
461 of section 921.0022, Florida Statutes, are amended to read:
462 921.0022 Criminal Punishment Code; offense severity
463 ranking chart.—
464 (3) OFFENSE SEVERITY RANKING CHART
465 (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 child sexual (2) & (3) abuse material pornography by 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.
526 (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) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child sexual abuse material pornography. 828.126(3) 3rd Sexual activities involving animals. 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. 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.
596 (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(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance. 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child sexual abuse material pornography. 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.
740 Section 19. Paragraph (c) of subsection (8) of section
741 948.06, Florida Statutes, is amended to read:
742 948.06 Violation of probation or community control;
743 revocation; modification; continuance; failure to pay
744 restitution or cost of supervision.—
745 (8)
746 (c) For purposes of this section, the term "qualifying
747 offense" means any of the following:
748 1. Kidnapping or attempted kidnapping under s. 787.01,
749 false imprisonment of a child under the age of 13 under s.
750 787.02(3), or luring or enticing a child under s. 787.025(2)(b)
751 or (c).
752 2. Murder or attempted murder under s. 782.04, attempted
753 felony murder under s. 782.051, or manslaughter under s. 782.07.
754 3. Aggravated battery or attempted aggravated battery
755 under s. 784.045.
756 4. Sexual battery or attempted sexual battery under s.
757 794.011(2), (3), (4), or (8)(b) or (c).
758 5. Lewd or lascivious battery or attempted lewd or
759 lascivious battery under s. 800.04(4), lewd or lascivious
760 molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious
761 conduct under s. 800.04(6)(b), lewd or lascivious exhibition
762 under s. 800.04(7)(b), or lewd or lascivious exhibition on
763 computer under s. 847.0135(5)(b).
764 6. Robbery or attempted robbery under s. 812.13,
765 carjacking or attempted carjacking under s. 812.133, or home
766 invasion robbery or attempted home invasion robbery under s.
767 812.135.
768 7. Lewd or lascivious offense upon or in the presence of
769 an elderly or disabled person or attempted lewd or lascivious
770 offense upon or in the presence of an elderly or disabled person
771 under s. 825.1025.
772 8. Sexual performance by a child or attempted sexual
773 performance by a child under s. 827.071.
774 9. Computer pornography under s. 847.0135(2) or (3),
775 transmission of child sexual abuse material pornography under s.
776 847.0137, or selling or buying of minors under s. 847.0145.
777 10. Poisoning food or water under s. 859.01.
778 11. Abuse of a dead human body under s. 872.06.
779 12. Any burglary offense or attempted burglary offense
780 that is either a first degree felony or second degree felony
781 under s. 810.02(2) or (3).
782 13. Arson or attempted arson under s. 806.01(1).
783 14. Aggravated assault under s. 784.021.
784 15. Aggravated stalking under s. 784.048(3), (4), (5), or
785 (7).
786 16. Aircraft piracy under s. 860.16.
787 17. Unlawful throwing, placing, or discharging of a
788 destructive device or bomb under s. 790.161(2), (3), or (4).
789 18. Treason under s. 876.32.
790 19. Any offense committed in another jurisdiction which
791 would be an offense listed in this paragraph if that offense had
792 been committed in this state.
793 Section 20. Paragraph (e) of subsection (3) and subsection
794 (10) of section 960.03, Florida Statutes, are amended to read:
795 960.03 Definitions; ss. 960.01-960.28.—As used in ss.
796 960.01-960.28, unless the context otherwise requires, the term:
797 (3) "Crime" means:
798 (e) A violation of s. 827.071, s. 847.0135, s. 847.0137,
799 or s. 847.0138, related to online sexual exploitation and child
800 sexual abuse material pornography.
801 (10) "Identified victim of child sexual abuse material
802 pornography" means any person who, while under the age of 18, is
803 depicted in any image or movie of child sexual abuse material
804 pornography and who is identified through a report generated by
805 a law enforcement agency and provided to the National Center for
806 Missing and Exploited Children's Child Victim Identification
807 Program.
808 Section 21. Paragraph (b) of subsection (1) of section
809 960.197, Florida Statutes, is amended to read:
810 960.197 Assistance to victims of online sexual
811 exploitation and child sexual abuse material pornography.—
812 (1) Notwithstanding the criteria set forth in s. 960.13
813 for crime victim compensation awards, the department may award
814 compensation for counseling and other mental health services to
815 treat psychological injury or trauma to:
816 (b) Any person who, while younger than age 18, was
817 depicted in any image or movie, regardless of length, of child
818 sexual abuse material pornography as defined in s. 847.001, who
819 has been identified by a law enforcement agency or the National
820 Center for Missing and Exploited Children as an identified
821 victim of child sexual abuse material pornography, who suffers
822 psychiatric or psychological injury as a direct result of the
823 crime, and who does not otherwise sustain a personal injury or
824 death.
825 Section 22. This act shall take effect July 1, 2026.