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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to depictions of nudity or sexual 2
conduct; amending ss. 775.0847, 827.071, and 847.001, 3
F.S.; revising and providing definitions; conforming 4
provisions to changes made by the act; creating s. 5
847.0115, F.S.; providing definitions; prohibiti ng the 6
promotion of altered sexual depictions; providing 7
criminal penalties; providing exceptions; amending s. 8
847.0137, F.S.; revising a definition; amending ss. 9
288.1254, 847.002, 847.012, 847.01357, 847.0138, 10
847.0139, 847.0141, 960.03, and 960.197, F.S .; 11
conforming provisions to changes made by the act; 12
conforming cross-references; amending s. 921.0022, 13
F.S.; ranking a new offense on the offense severity 14
ranking chart of the Criminal Punishment Code; 15
conforming provisions to changes made by the act; 16
reenacting ss. 16.56(1)(a), 39.0132(4)(b), 17
39.0138(3)(c), 92.56(3), 92.561, 98.0751(2)(b), 18
119.071(2)(h) and (j), 435.07(4)(c), 456.074(4) and 19
(5), 480.041(7)(o), (p), (q), (r), and (s), 480.043(8) 20
(n), (o), (p), (q), and (r), 775.21(4)(a) and (10)(b), 21
775.215(2), (3)(a) and (c), 794.056(1), 22
943.0435(1)(h), 944.11(2), 944.606(1)(f), 23
944.607(1)(f), 960.03(3)(e), 960.197, 1006.28(2)(a) 24
and (d), 1006.31(2), 1006.34(2)(b), and 1006.40(3)(d), 25
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relating to the Office of Statewide Prosecution; 26
oaths, records, and conf idential information; criminal 27
history and other records checks; limits on the 28
placement of a child; judicial proceedings and court 29
records involving sexual offenses and human 30
trafficking; prohibitions on reproduction of child 31
pornography; the restoration of voting rights and 32
termination of ineligibility subsequent to a felony 33
conviction; general exemptions from inspection and 34
public records copying; exemptions from 35
disqualification; certain health care practitioners 36
and the immediate suspension of licenses ; massage 37
therapists, qualifications, licensure, and 38
endorsement; massage establishments, requisites, 39
licensure, inspection, and human trafficking awareness 40
training and policies; the Florida Sexual Predators 41
Act; residency restrictions for persons convict ed of 42
certain sex offenses; the Rape Crisis Program Trust 43
Fund; requirements for sexual offenders to register 44
with the department; department regulations on the 45
admission of books;, sexual offenders; notifications 46
upon release; notifications to Department of Law 47
Enforcement of information on sexual offenders; 48
definitions; assistance to victims of online sexual 49
exploitation and child pornography; duties of district 50
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school board, district school superintendent, and 51
school principal relating to K -12 instructional 52
materials; duties of the Department of Education and 53
the school district instructional materials reviewer; 54
powers and duties of the commissioner and the 55
department in the selection and adoption of 56
instructional materials; and the use of instructional 57
materials allocation, instructional materials, library 58
books, and reference books; and book repairs, 59
respectively, to incorporate the amendments made by 60
the act; providing an effective date. 61
62
Be It Enacted by the Legislature of the State of Florida: 63
64
Section 1. Paragraphs (a), (b), and (f) of subsection (1) 65
and subsection (2) of section 775.0847, Florida Statutes, are 66
amended, and subsection (3) of that section is republished, to 67
read: 68
775.0847 Possession or promotion of certain visual 69
depictions images of child pornography; reclassification. — 70
(1) For purposes of this section: 71
(a) "Child" or "minor" means any person, whose identity is 72
known or unknown, less than 18 years of age. 73
(b) "Child pornography" has the same meaning as provided 74
in s. 847.001(3) means any image depicting a minor engaged in 75
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sexual conduct. 76
(f) "Visual depiction" has the same meaning as provided 77
in s. 847.001(24). "Sexual conduct" means actual or simulated 78
sexual intercourse, deviate sexual intercourse, sexual 79
bestiality, masturbation, or sadomasochistic abuse; actual lewd 80
exhibition of the genitals; actual physical contact with a 81
person's clothed or unclothed genitals, pubic area, buttocks, 82
or, if such person is a female, breast with the intent to arouse 83
or gratify the sexual desire of either party; or any act or 84
conduct which constitutes sexual battery or simulates that 85
sexual battery is being or will be committed. A mother's 86
breastfeeding of her baby does not under any circumstance 87
constitute "sexual conduct." 88
(2) A violation of s. 827.071, s. 847.0135, s. 847.0137, 89
or s. 847.0138 shall be reclassified to the next higher degree 90
as provided in subsection (3) if: 91
(a) The offender possesses 10 or more visual depictions 92
images of any form of child pornography regardless of content; 93
and 94
(b) The content of at least one visual depiction image 95
contains one or more of the following: 96
1. A child who is younger than the age of 5. 97
2. Sadomasochistic abuse involving a child. 98
3. Sexual battery involving a child. 99
4. Sexual bestiality involving a child. 100
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5. Any motion picture, film, video, or computer or 101
computer-generated motion picture, film, or video movie 102
involving a child, regardless of length and regardless of 103
whether the motion picture, film, video, or computer or 104
computer-generated motion picture, film, or video movie contains 105
sound. 106
(3)(a) In the case of a felony of the third degree, the 107
offense is reclassified to a felony of the second degree. 108
(b) In the case of a felony of the second degree, the 109
offense is reclassified to a felony of the first degree. 110
111
For purposes of sentencing under chapter 921 and determining 112
incentive gain-time eligibility under chapter 944, a felony 113
offense that is reclassified under this section is ranked one 114
level above the ranking und er s. 921.0022 or s. 921.0023 of the 115
offense committed. 116
Section 2. Subsections (1) through (5) of section 827.071, 117
Florida Statutes, are amended to read: 118
827.071 Sexual performance by a child; child pornography; 119
penalties.— 120
(1) As used in this sect ion, the following definitions 121
shall apply: 122
(a) "Child" or "minor" means any person, whose identity is 123
known or unknown, less than 18 years of age. 124
(b) "Child pornography" has the same meaning as provided 125
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in s. 847.001(3). 126
(c)(a) "Deviate sexual intercourse" means sexual conduct 127
between persons not married to each other consisting of contact 128
between the penis and the anus, the mouth and the penis, or the 129
mouth and the vulva. 130
(d)(b) "Intentionally view" means to deliberately, 131
purposefully, and volun tarily view. Proof of intentional viewing 132
requires establishing more than a single visual depiction, 133
image, motion picture, exhibition, show, image, data, computer 134
depiction, representation, or other presentation over any period 135
of time. 136
(e)(c) "Performance" means any play, motion picture, 137
photograph, or dance or any other visual representation 138
exhibited before an audience. 139
(f)(d) "Promote" has the same meaning as provided in s. 140
847.001(14) means to procure, manufacture, issue, sell, give, 141
provide, lend, mail, deliver, transfer, transmute, publish, 142
distribute, circulate, disseminate, present, exhibit, or 143
advertise or to offer or agree to do the same . 144
(g)(e) "Sadomasochistic abuse" means flagellation or 145
torture by or upon a person, or the condition of b eing fettered, 146
bound, or otherwise physically restrained, for the purpose of 147
deriving sexual satisfaction from inflicting harm on another or 148
receiving such harm oneself. 149
(h)(f) "Sexual battery" means oral, anal, or vaginal 150
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penetration by, or union with, the sexual organ of another or 151
the anal or vaginal penetration of another by any other object; 152
however, "sexual battery" does not include an act done for a 153
bona fide medical purpose. 154
(i)(g) "Sexual bestiality" means any sexual act between a 155
person and an animal involving the sex organ of the one and the 156
mouth, anus, or vagina of the other. 157
(j)(h) "Sexual conduct" means actual or simulated sexual 158
intercourse, deviate sexual intercourse, sexual bestiality, 159
masturbation, or sadomasochistic abuse; actual or simulated lewd 160
exhibition of the genitals; actual physical contact with a 161
person's clothed or unclothed genitals, pubic area, buttocks, 162
or, if such person is a female, breast, with the intent to 163
arouse or gratify the sexual desire of either party; or any act 164
or conduct which constitutes sexual battery or simulates that 165
sexual battery is being or will be committed. A mother's 166
breastfeeding of her baby does not under any circumstance 167
constitute "sexual conduct." 168
(k)(i) "Sexual performance" means any perfor mance or part 169
thereof which includes sexual conduct by a child of less than 18 170
years of age. 171
(l)(j) "Simulated" means the explicit depiction of conduct 172
set forth in paragraph (j)(h) which creates the appearance of 173
such conduct and which exhibits any uncovered portion of the 174
breasts, genitals, or buttocks. 175
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(m) "Visual depiction" has the same meaning as provided in 176
s. 847.001(24). 177
(2) A person is guilty of the use of a child in a s exual 178
performance if, knowing the character and content thereof, he or 179
she employs, authorizes, or induces a child less than 18 years 180
of age to engage in a sexual performance or, being a parent, 181
legal guardian, or custodian of such child, consents to the 182
participation by such child in a sexual performance. Whoever 183
violates this subsection commits is guilty of a felony of the 184
second degree, punishable as provided in s. 775.082, s. 775.083, 185
or s. 775.084. 186
(3) A person is guilty of promoting a sexual perform ance 187
by a child when, knowing the character and content thereof, he 188
or she produces, directs, or promotes any performance which 189
includes sexual conduct by a child less than 18 years of age . 190
Whoever violates this subsection commits is guilty of a felony 191
of the second degree, punishable as provided in s. 775.082, s. 192
775.083, or s. 775.084. 193
(4) It is unlawful for any person to possess with the 194
intent to promote any visual depiction photograph, motion 195
picture, exhibition, show, representation, or other presentation 196
which, in whole or in part, includes child pornography any 197
sexual conduct by a child . The possession of three or more 198
copies of such visual depiction photograph, motion picture, 199
representation, or presentation is prima facie evidence of an 200
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intent to promote. Whoever violates this subsection commits is 201
guilty of a felony of the second degree, punishable as provided 202
in s. 775.082, s. 775.083, or s. 775.084. 203
(5)(a) It is unlawful for any person to knowingly possess, 204
control, or intentionally view a visual depiction photograph, 205
motion picture, exhibition, show, representation, image, data, 206
computer depiction, or other presentation which, in whole or in 207
part, he or she knows to include child pornography any sexual 208
conduct by a child. The possession, cont rol, or intentional 209
viewing of each such visual depiction photograph, motion 210
picture, exhibition, show, image, data, computer depiction, 211
representation, or presentation is a separate offense. If such 212
visual depiction photograph, motion picture, exhibition, show, 213
representation, image, data, computer depiction, or other 214
presentation includes sexual conduct by more than one child, 215
then each such child in each such visual depiction photograph, 216
motion picture, exhibition, show, representation, image, data, 217
computer depiction, or other presentation that is knowingly 218
possessed, controlled, or intentionally viewed is a separate 219
offense. A person who violates this subsection commits a felony 220
of the third degree, punishable as provided in s. 775.082, s. 221
775.083, or s. 775.084. 222
(b) This subsection does not apply to material possessed, 223
controlled, or intentionally viewed as part of a law enforcement 224
investigation. 225
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Section 3. Subsections (7) through (11) and (12) through 226
(20) of section 847.001, Florida Statutes, a re renumbered as 227
subsections (9) through (13) and (15) through (23), 228
respectively, present subsections (3), (8), (16), and (19) of 229
that section are amended, and new subsections (7), (8), (14), 230
and (24) are added to that section, to read: 231
847.001 Definitions.—As used in this chapter, the term: 232
(3) "Child pornography" means any image depicting a minor 233
engaged in sexual conduct a visual depiction of sexual conduct 234
in which: 235
(a) The production of such visual depiction involved the 236
use of a minor actually engaging in sexual conduct; or 237
(b) The visual depiction has been created, altered, 238
adapted, or modified to portray an identifiable minor engaging 239
in sexual conduct. 240
(7) "Identifiable minor" means a person who is 241
recognizable as an actual person by the person's face, likeness, 242
or other distinguishing characteristic, such as a unique 243
birthmark, or other recognizable feature and: 244
(a) Who was a minor at the time a visual de piction was 245
created, adapted, or modified; or 246
(b) Whose image as a minor was used in creating, adapting, 247
or modifying a visual depiction. 248
(8) "Identifiable person" means a person who is 249
recognizable as an actual person by the person's face, likeness, 250
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or other distinguishing characteristic, such as a unique 251
birthmark or other recognizable feature. 252
(10)(8) "Minor" or "child" means any person, whose 253
identity is known or unknown, less than under the age of 18 254
years of age. 255
(14) "Promote" means: 256
(a) To issue, sell, give, provide, procure, lend, mail, 257
deliver, transfer, transmit, transmute, manufacture, publish, 258
distribute, circulate, disseminate, present, exhibit, send, 259
post, or share; or 260
(b) To advertise, offer, or agree to do the same. 261
(19)(16) "Sexual conduct" means actual or simulated sexual 262
intercourse, deviate sexual intercourse, sexual bestiality, 263
masturbation, or sadomasochistic abuse; actual or simulated lewd 264
exhibition of the genitals; actual physical contact with a 265
person's clothed or un clothed genitals, pubic area, buttocks, 266
or, if such person is a female, breast with the intent to arouse 267
or gratify the sexual desire of either party; or any act or 268
conduct which constitutes sexual battery or simulates that 269
sexual battery is being or will be committed. A mother's 270
breastfeeding of her baby does not under any circumstance 271
constitute "sexual conduct." 272
(22)(19) "Simulated" means the explicit depiction of 273
conduct described in subsection (19) (16) which creates the 274
appearance of such conduct an d which exhibits any uncovered 275
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portion of the breasts, genitals, or buttocks. 276
(24) "Visual depiction" includes, but is not limited to, 277
any of the following, whether made, modified, altered, adapted, 278
or produced by digital, electronic, mechanical, or othe r means, 279
a: 280
(a) Photograph; 281
(b) Picture; 282
(c) Image; 283
(d) Motion picture; 284
(e) Film; 285
(f) Video; 286
(g) Representation; or 287
(h) Computer or computer -generated photograph, picture, 288
image, motion picture, film, video, or representation 289
290
whether tangible or intangible. 291
Section 4. Section 847.0115, Florida Statutes, is created 292
to read: 293
847.0115 Promotion of an altered sexual depiction; 294
prohibited acts; penalties; applicability. — 295
(1) As used in this section, the term: 296
(a) "Altered sexual depiction" means any visual depiction 297
that, as a result of any type of digital, electronic, 298
mechanical, or other modification, alteration, or adaptation, 299
depicts a realistic version of an identifiable person: 300
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1. Portraying nudity; or 301
2. Engaging in sexual conduct which did not actually 302
occur. 303
(b) "Harass" means to engage in a course of conduct 304
directed at a specific person that is intended to cause 305
substantial emotional distress to such person and serves no 306
legitimate purpose. The term does not include constitutionally 307
protected conduct. 308
(2) A person who promotes an altered sexual depiction with 309
the intent to deceive, or to threaten, abuse, or harass another 310
person, when he or she knew or reasonably should have known that 311
any person portrayed i n such altered sexual depiction did not 312
consent to the creation or promotion of the altered sexual 313
depiction, commits a felony of the third degree, punishable as 314
provided in s. 775.082, s. 775.083, or s. 775.084. 315
(3) It is not a violation of this section if: 316
(a) A person promotes an altered sexual depiction while: 317
1. Reporting unlawful activity. 318
2. Exercising his or her duties as a law enforcement 319
officer. 320
3. Participating in a hearing, trial, or other legal 321
proceeding. 322
(b) The material depicte d is any one or more of the 323
following: 324
1. A matter of legitimate public concern; 325
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2. A work of serious literary, artistic, political; or 326
scientific value. 327
3. Material that is otherwise constitutionally protected. 328
329
For the purposes of this paragraph, an altered sexual depiction 330
is not a matter of legitimate public concern or of serious 331
literary, artistic, political, or scientific value solely 332
because the person portrayed is a public or political figure. 333
(4) The presence of a disclaimer within an alte red sexual 334
depiction that notifies a viewer that the person or persons 335
depicted did not consent to or participate in the creation or 336
promotion of the material, or that the person or persons 337
depicted did not actually perform the actions portrayed, is not 338
a defense and does not relieve a person of criminal liability 339
under this section. 340
(5) This section does not impose liability on a provider 341
of an interactive computer service; communications services as 342
defined in s. 202.11(1); a commercial mobile service; or an 343
information service, including, but not limited to, an Internet 344
service provider or a hosting service provider, if it provides 345
the transmission, storage, or caching of electronic 346
communications or messages of others or provides another related 347
telecommunications service, commercial mobile radio service, or 348
information service for use by another person who violates this 349
section. This exemption from liability is consistent with and in 350
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addition to any liability exemption provided under 47 U.S.C. s. 351
230. 352
(6) Prosecution of any person for a violation of this 353
section shall not prohibit prosecution of that person in this 354
state for a violation of any other law of this state, including 355
a law providing for greater penalties than prescribed in this 356
section or any other crime related to child pornography or the 357
sexual performance or the sexual exploitation of children. 358
Section 5. Subsection (1) of section 847.0137, Florida 359
Statutes, is amended to read: 360
847.0137 Transmission of pornography by electronic devi ce 361
or equipment prohibited; penalties. — 362
(1) For purposes of this section the term: 363
(a) "Minor" means any person less than 18 years of age. 364
(b) "transmit" means the act of sending and causing to be 365
delivered, including the act of providing access for receiving 366
and causing to be delivered, a visual depiction any image, 367
information, or data from one or more persons or places to one 368
or more other persons or places over or through any medium, 369
including the Internet or an interconnected network , by use of 370
any electronic equipment or other device. 371
372
The provisions of this section do not apply to subscription -373
based transmissions such as list servers. 374
Section 6. Paragraph (j) of subsection (1) of section 375
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288.1254, Florida Statutes, is amended to read: 376
288.1254 Entertainment industry financial incentive 377
program.— 378
(1) DEFINITIONS.—As used in this section, the term: 379
(j) "Qualified production" means a production in this 380
state meeting the requirements of this section. The term does 381
not include a production: 382
1. In which, for the first 2 years of the incentive 383
program, less than 50 percent, and thereafter, less than 60 384
percent, of the positions that make up its production cast and 385
below-the-line production crew, or, in the case of digital media 386
projects, less than 75 percent of such positions, are filled by 387
legal residents of this state, whose residency is demonstrated 388
by a valid Florida driver license or other state -issued 389
identification confirming residency, or students enrolled full -390
time in a film-and-entertainment-related course of study at an 391
institution of higher education in this state; or 392
2. That contains obscene content as defined in s. 393
847.001(12) s. 847.001(10). 394
Section 7. Subsections (1) and (2) of section 847.002, 395
Florida Statutes, are amended to read: 396
847.002 Child pornography prosecutions. — 397
(1) Any law enforcement officer who, pursuant to a 398
criminal investigation, recovers visual depictions images or 399
movies of child pornography shall: 400
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(a) Provide such visual depictions images or movies to the 401
law enforcement agency representative assigned to the Child 402
Victim Identification Program at the National Center for Missing 403
and Exploited Children, as required by the center's guidelines. 404
(b) Request the law enforcement agency contact info rmation 405
from the Child Victim Identification Program for any visual 406
depictions images or movies recovered which contain an 407
identified victim of child pornography as defined in s. 960.03. 408
(c) Provide case information to the Child Victim 409
Identification Program, as required by the National Center for 410
Missing and Exploited Children guidelines, in any case where the 411
law enforcement officer identifies a previously unidentified 412
victim of child pornography. 413
(2) Any law enforcement officer submitting a case for 414
prosecution which involves the production, promotion, or 415
possession of child pornography shall submit to the designated 416
prosecutor the law enforcement agency contact information 417
provided by the Child Victim Identification Program at the 418
National Center for Missing and Exploited Children, for any 419
visual depictions images or movies involved in the case which 420
contain the depiction of an identified victim of child 421
pornography as defined in s. 960.03. 422
Section 8. Paragraph (a) of subsection (3) of section 423
847.012, Florida Statutes, is amended to read: 424
847.012 Harmful materials; sale or distribution to minors 425
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or using minors in production prohibited; penalty. — 426
(3) A person may not knowingly sell, rent, or loan for 427
monetary consideration to a minor: 428
(a) Any visual depiction picture, photograph, drawing, 429
sculpture, motion picture film, videocassette, or similar visual 430
representation or image of a person or portion of the human body 431
which depicts nudity or sexual conduct, sexual excitement, 432
sexual battery, bestiality, or sadomasochistic abuse and which 433
is harmful to minors; or 434
Section 9. Subsection (1), paragraph (b) of subsection 435
(2), and subsection (4) of section 847.01357, Florida Statutes, 436
are amended to read: 437
847.01357 Exploited children's civil rem edy.— 438
(1) Any person who, while under the age of 18, was a 439
victim of a sexual abuse crime listed in chapter 794, chapter 440
800, chapter 827, or chapter 847, where any portion of such 441
abuse was used in the production of child pornography, and who 442
suffers personal or psychological injury as a result of the 443
production, promotion, or possession of such visual depictions 444
images or movies, may bring an action in an appropriate state 445
court against the producer, promoter, or possessor of such 446
visual depictions images or movies, regardless of whether the 447
victim is now an adult. In any action brought under this 448
section, a prevailing plaintiff shall recover the actual damages 449
such person sustained and the cost of the suit, including 450
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reasonable attorney attorney's fees. Any victim who is awarded 451
damages under this section shall be deemed to have sustained 452
damages of at least $150,000. 453
(2) Notwithstanding any other provisions of law, any 454
action commenced under this section must be filed within 3 years 455
after the later of: 456
(b) The notification to the victim by a member of a law 457
enforcement agency of the creation, possession, or promotion of 458
pornographic visual depictions images; or 459
(4) It is not a defense to a civil cause of action under 460
this section that the responden t did not know the victim or 461
commit the abuse depicted in any visual depiction image of child 462
pornography. 463
Section 10. Subsections (2) and (3) of section 847.0138, 464
Florida Statutes, are amended to read: 465
847.0138 Transmission of material harmful to mi nors to a 466
minor by electronic device or equipment prohibited; penalties. — 467
(2) Notwithstanding ss. 847.012 and 847.0133, any person 468
who knew or believed that he or she was transmitting a visual 469
depiction an image, information, or data that is harmful to 470
minors, as defined in s. 847.001, to a specific individual known 471
by the defendant to be a minor commits a felony of the third 472
degree, punishable as provided in s. 775.082, s. 775.083, or s. 473
775.084. 474
(3) Notwithstanding ss. 847.012 and 847.0133, any person 475
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in any jurisdiction other than this state who knew or believed 476
that he or she was transmitting a visual depiction an image, 477
information, or data that is harmful to minors, as defined in s. 478
847.001, to a specific individual known by the defendant to be a 479
minor commits a felony of the third degree, punishable as 480
provided in s. 775.082, s. 775.083, or s. 775.084. 481
482
The provisions of this section do not apply to subscription -483
based transmissions such as list servers. 484
Section 11. Section 847.0139, Florida Sta tutes, is amended 485
to read: 486
847.0139 Immunity from civil liability for reporting child 487
pornography, transmission of child pornography, or any visual 488
depiction image, information, or data harmful to minors to a 489
minor in this state. —Any person who reports t o a law enforcement 490
officer what the person reasonably believes to be child 491
pornography, transmission of child pornography, or any visual 492
depiction image, information, or data that is harmful to minors 493
to a minor in this state may not be held civilly liable for such 494
reporting. For purposes of this section, such reporting may 495
include furnishing the law enforcement officer with any visual 496
depiction image, information, or data that the person reasonably 497
believes to be evidence of child pornography, transmission of 498
child pornography, or a visual depiction an image, information, 499
or data that is harmful to minors to a minor in this state. 500
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Section 12. Subsect ion (1) of section 847.0141, Florida 501
Statutes, is amended to read: 502
847.0141 Sexting; prohibited acts; penalties. — 503
(1) A minor commits the offense of sexting if he or she 504
knowingly: 505
(a) Uses a computer, or any other device capable of 506
electronic data transmission or distribution, to transmit or 507
distribute to another minor any photograph or video of any 508
person which depicts nudity, as defined in s. 847.001(11) s. 509
847.001(9), and is harmful to minors, as defined in s. 510
847.001(6). 511
(b) Possesses a photograph or video of any person that was 512
transmitted or distributed by another minor which depicts 513
nudity, as defined in s. 847.001(11) s. 847.001(9), and is 514
harmful to minors, as defined in s. 847.001(6). A minor does not 515
violate this paragraph if all of the following apply: 516
1. The minor did not solicit the photograph or video. 517
2. The minor took reasonable steps to report the 518
photograph or video to the minor's legal guardian or to a school 519
or law enforcement official. 520
3. The minor did not transmit or distribute the photograph 521
or video to a third party. 522
Section 13. Subsection (10) of section 960.03, Florida 523
Statutes, is amended to read: 524
960.03 Definitions; ss. 960.01 -960.28.—As used in ss. 525
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960.01-960.28, unless the context othe rwise requires, the term: 526
(10) "Identified victim of child pornography" means any 527
person who, while under the age of 18, is depicted in any visual 528
depiction as defined in s. 847.001(24) image or movie of child 529
pornography and who is identified through a report generated by 530
a law enforcement agency and provided to the National Center for 531
Missing and Exploited Children's Child Victim Identification 532
Program. 533
Section 14. Subsection (1) of section 960.197, Florida 534
Statutes, is amended to read: 535
960.197 Assistance to victims of online sexual 536
exploitation and child pornography. — 537
(1) Notwithstanding the criteria set forth in s. 960.13 538
for crime victim compensation awards, the department may award 539
compensation for counseling and other mental health services to 540
treat psychological injury or trauma to: 541
(a) A child younger than 18 years of age who suffers 542
psychiatric or psychological injury as a direct result of online 543
sexual exploitation under any provision of s. 827.071, s. 544
847.0135, s. 847.0137, or s. 847.0 138, and who does not 545
otherwise sustain a personal injury or death; or 546
(b) Any person who, while younger than age 18, was 547
depicted in any visual depiction as defined in s. 847.001(24) 548
image or movie, regardless of length, of child pornography as 549
defined in s. 847.001, who has been identified by a law 550
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enforcement agency or the National Center for Missing and 551
Exploited Children as an identified victim of child pornography, 552
who suffers psychiatric or psychological injury as a direct 553
result of the crime, and who does not otherwise sustain a 554
personal injury or death. 555
Section 15. Paragraphs (c) and (e) of subsection (3) of 556
section 921.0022, Florida Statutes, are amended to read: 557
921.0022 Criminal Punishment Code; offense severity 558
ranking chart.— 559
(3) OFFENSE SEVERITY RANKING CHART 560
(c) LEVEL 3 561
562
Florida
Statute
Felony
Degree Description
563
119.10(2)(b) 3rd Unlawful use of confidential
information from police
reports.
564
316.066
(3)(b)-(d)
3rd Unlawfully obtaining or using
confidential crash reports.
565
316.193(2)(b) 3rd Felony DUI, 3rd conviction.
566
316.1935(2) 3rd Fleeing or attempting to elude
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law enforcement officer in
patrol vehicle with siren and
lights activated.
567
319.30(4) 3rd Possession by junkyard of motor
vehicle with identification
number plate removed.
568
319.33(1)(a) 3rd Alter or forge any certificate
of title to a motor vehicle or
mobile home.
569
319.33(1)(c) 3rd Procure or pass title on stolen
vehicle.
570
319.33(4) 3rd With intent to defraud,
possess, sell, etc., a blank,
forged, or unlawfully obtained
title or registration.
571
327.35(2)(b) 3rd Felony BUI.
572
328.05(2) 3rd Possess, sell, or counterfeit
fictitious, stolen, or
fraudulent titles or bills of
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sale of vessels.
573
328.07(4) 3rd Manufacture, exchange, or
possess vessel with counterfeit
or wrong ID number.
574
376.302(5) 3rd Fraud related to reimbursement
for cleanup expenses under the
Inland Protection Trust Fund.
575
379.2431
(1)(e)5.
3rd Taking, disturbing, mutilating,
destroying, causing to be
destroyed, transferring,
selling, offering to sell,
molesting, or harassing marine
turtles, marine turtle eggs, or
marine turtle nests in
violation of the Marine Turtle
Protection Act.
576
379.2431
(1)(e)6.
3rd Possessing any marine turtle
species or hatchling, or parts
thereof, or the nest of any
marine turtle species described
in the Marine Turtle Protection
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Act.
577
379.2431
(1)(e)7.
3rd Soliciting to commit or
conspiring to commit a
violation of the Marine Turtle
Protection Act.
578
400.9935(4)(a)
or (b)
3rd Operating a clinic, or offering
services requiring licensure,
without a license.
579
400.9935(4)(e) 3rd Filing a false license
application or other required
information or failing to
report information.
580
440.1051(3) 3rd False report of workers'
compensation fraud or
retaliation for making such a
report.
581
501.001(2)(b) 2nd Tampers with a consumer product
or the container using
materially false/misleading
information.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
582
624.401(4)(a) 3rd Transacting insurance without a
certificate of authority.
583
624.401(4)(b)1. 3rd Transacting insurance without a
certificate of authority;
premium collected less than
$20,000.
584
626.902(1)(a) &
(b)
3rd Representing an unauthorized
insurer.
585
697.08 3rd Equity skimming.
586
790.15(3) 3rd Person directs another to
discharge firearm from a
vehicle.
587
806.10(1) 3rd Maliciously injure, destroy, or
interfere with vehicles or
equipment used in firefighting.
588
806.10(2) 3rd Interferes with or assaults
firefighter in performance of
duty.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
589
810.09(2)(c) 3rd Trespass on property other than
structure or conveyance armed
with firearm or dangerous
weapon.
590
812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
less than $10,000.
591
812.0145(2)(c) 3rd Theft from person 65 years of
age or older; $300 or more but
less than $10,000.
592
812.015(8)(b) 3rd Retail theft with intent to
sell; conspires with others.
593
812.081(2) 3rd Theft of a trade secret.
594
815.04(5)(b) 2nd Computer offense devised to
defraud or obtain property.
595
817.034(4)(a)3. 3rd Engages in scheme to defraud
(Florida Communications Fraud
Act), property valued at less
than $20,000.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
596
817.233 3rd Burning to defraud insurer.
597
817.234
(8)(b) & (c)
3rd Unlawful solicitation of
persons involved in motor
vehicle accidents.
598
817.234(11)(a) 3rd Insurance fraud; property value
less than $20,000.
599
817.236 3rd Filing a false motor vehicle
insurance application.
600
817.2361 3rd Creating, marketing, or
presenting a false or
fraudulent motor vehicle
insurance card.
601
817.413(2) 3rd Sale of used goods of $1,000 or
more as new.
602
817.49(2)(b)1. 3rd Willful making of a false
report of a crime causing great
bodily harm, permanent
disfigurement, or permanent
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
disability.
603
831.28(2)(a) 3rd Counterfeiting a payment
instrument with intent to
defraud or possessing a
counterfeit payment instrument
with intent to defraud.
604
831.29 2nd Possession of instruments for
counterfeiting driver licenses
or identification cards.
605
838.021(3)(b) 3rd Threatens unlawful harm to
public servant.
606
843.19 2nd Injure, disable, or kill
police, fire, or SAR canine or
police horse.
607
847.0115 3rd Promoting an altered sexual
depiction.
608
860.15(3) 3rd Overcharging for repairs and
parts.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
609
870.01(2) 3rd Riot.
610
870.01(4) 3rd Inciting a riot.
611
893.13(1)(a)2. 3rd Sell, manufacture, or deliver
cannabis (or other s.
893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4) drugs).
612
893.13(1)(d)2. 2nd Sell, manufacture, or deliver
s. 893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4) drugs
within 1,000 feet of
university.
613
893.13(1)(f)2. 2nd Sell, manufacture, or deliver
s. 893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4) drugs
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within 1,000 feet of public
housing facility.
614
893.13(4)(c) 3rd Use or hire of minor; deliver
to minor other controlled
substances.
615
893.13(6)(a) 3rd Possession of any controlled
substance other than felony
possession of cannabis.
616
893.13(7)(a)8. 3rd Withhold information from
practitioner regarding previous
receipt of or prescription for
a controlled substance.
617
893.13(7)(a)9. 3rd Obtain or attempt to obtain
controlled substance by fraud,
forgery, misrepresentation,
etc.
618
893.13(7)(a)10. 3rd Affix false or forged label to
package of controlled
substance.
619
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893.13(7)(a)11. 3rd Furnish false or fraudulent
material information on any
document or record required by
chapter 893.
620
893.13(8)(a)1. 3rd Knowingly assist a patient,
other person, or owner of an
animal in obtaining a
controlled substance through
deceptive, untrue, or
fraudulent representations in
or related to the
practitioner's practice.
621
893.13(8)(a)2. 3rd Employ a trick or scheme in the
practitioner's practice to
assist a patient, other person,
or owner of an animal in
obtaining a controlled
substance.
622
893.13(8)(a)3. 3rd Knowingly write a prescription
for a controlled substance for
a fictitious person.
623
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893.13(8)(a)4. 3rd Write a prescription for a
controlled substance for a
patient, other person, or an
animal if the sole purpose of
writing the prescription is a
monetary benefit for the
practitioner.
624
918.13(1)(a) 3rd Alter, destroy, or conceal
investigation evidence.
625
944.47
(1)(a)1. & 2.
3rd Introduce contraband to
correctional facility.
626
944.47(1)(c) 2nd Possess contraband while upon
the grounds of a correctional
institution.
627
985.721 3rd Escapes from a juvenile
facility (secure detention or
residential commitment
facility).
628
(e) LEVEL 5 629
630
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Florida
Statute
Felony
Degree Description
631
316.027(2)(a) 3rd Accidents involving personal
injuries other than serious
bodily injury, failure to stop;
leaving scene.
632
316.1935(4)(a) 2nd Aggravated fleeing or eluding.
633
316.80(2) 2nd Unlawful conveyance of fuel;
obtaining fuel fraudulently.
634
322.34(6) 3rd Careless operation of motor
vehicle with suspended license,
resulting in death or serious
bodily injury.
635
327.30(5) 3rd Vessel accidents involving
personal injury; leaving scene.
636
379.365(2)(c)1. 3rd Violation of rules relating to:
willful molestation of stone
crab traps, lines, or buoys;
illegal bartering, trading, or
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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.
637
379.367(4) 3rd Willful molestation of a
commercial harvester's spiny
lobster trap, line, or buoy.
638
379.407(5)(b)3. 3rd Possession of 100 or more
undersized spiny lobsters.
639
381.0041(11)(b) 3rd Donate blood, plasma, or organs
knowing HIV positive.
640
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440.10(1)(g) 2nd Failure to obtain workers'
compensation coverage.
641
440.105(5) 2nd Unlawful solicitation for the
purpose of making workers'
compensation claims.
642
440.381(2) 3rd Submission of false,
misleading, or incomplete
information with the purpose of
avoiding or reducing workers'
compensation premiums.
643
624.401(4)(b)2. 2nd Transacting insurance without a
certificate or authority;
premium collected $20,000 or
more but less than $100,000.
644
626.902(1)(c) 2nd Representing an unauthorized
insurer; repeat offender.
645
790.01(2) 3rd Carrying a concealed firearm.
646
790.162 2nd Threat to throw or discharge
destructive device.
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647
790.163(1) 2nd False report of bomb,
explosive, weapon of mass
destruction, or use of firearms
in violent manner.
648
790.221(1) 2nd Possession of short-barreled
shotgun or machine gun.
649
790.23 2nd Felons in possession of
firearms, ammunition, or
electronic weapons or devices.
650
796.05(1) 2nd Live on earnings of a
prostitute; 1st offense.
651
800.04(6)(c) 3rd Lewd or lascivious conduct;
offender less than 18 years of
age.
652
800.04(7)(b) 2nd Lewd or lascivious exhibition;
offender 18 years of age or
older.
653
806.111(1) 3rd Possess, manufacture, or
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dispense fire bomb with intent
to damage any structure or
property.
654
812.0145(2)(b) 2nd Theft from person 65 years of
age or older; $10,000 or more
but less than $50,000.
655
812.015
(8)(a) & (c)-
(e)
3rd Retail theft; property stolen
is valued at $750 or more and
one or more specified acts.
656
812.019(1) 2nd Stolen property; dealing in or
trafficking in.
657
812.081(3) 2nd Trafficking in trade secrets.
658
812.131(2)(b) 3rd Robbery by sudden snatching.
659
812.16(2) 3rd Owning, operating, or
conducting a chop shop.
660
817.034(4)(a)2. 2nd Communications fraud, value
$20,000 to $50,000.
661
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817.234(11)(b) 2nd Insurance fraud; property value
$20,000 or more but less than
$100,000.
662
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 entit y.
663
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.
664
817.611(2)(a) 2nd Traffic in or possess 5 to 14
counterfeit credit cards or
related documents.
665
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817.625(2)(b) 2nd Second or subsequent fraudulent
use of scanning device,
skimming device, or reencoder.
666
825.1025(4) 3rd Lewd or lascivious exhibition
in the presence of an elderly
person or disabled adult.
667
827.071(4) 2nd Possess with intent to promote
any visual depiction
photographic material, motion
picture, etc., which includes
child pornography sexual
conduct by a child.
668
827.071(5) 3rd Possess, control, or
intentionally view any visual
depiction photographic
material, motion picture , etc.,
which includes child
pornography sexual conduct by a
child.
669
828.12(2) 3rd Tortures any animal with intent
to inflict intense pain,
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serious physical injury, or
death.
670
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.
671
843.01 3rd Resist officer with violence to
person; resist arrest with
violence.
672
847.0135(5)(b) 2nd Lewd or lascivious exhibition
using computer; offender 18
years or older.
673
847.0137
(2) & (3)
3rd Transmission of pornography by
electronic device or equipment.
674
847.0138
(2) & (3)
3rd Transmission of material
harmful to minors to a minor by
electronic device or equipment.
675
874.05(1)(b) 2nd Encouraging or recruiting
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another to join a criminal
gang; second or subsequent
offense.
676
874.05(2)(a) 2nd Encouraging or recruiting
person under 13 years of age to
join a criminal gang.
677
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).
678
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
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community center.
679
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.
680
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.
681
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
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public housing facility.
682
893.13(4)(b) 2nd Use or hire of minor; deliver
to minor other controlled
substance.
683
893.1351(1) 3rd Ownership, lease, or rental for
trafficking in or manufacturing
of controlled substance.
684
Section 16. For the purpose of incorporating the amendment 685
made by this act to section 847.001, Florida Statutes, in a 686
reference thereto, paragraph (a) of subsection (1) of section 687
16.56, Florida Statutes, is reenacted to read: 688
16.56 Office of Statewide Prosecution. — 689
(1) There is created in the Department of Legal Affairs an 690
Office of Statewide Prosecution. The office shall be a separate 691
"budget entity" as that term is defined in chapter 216. The 692
office may: 693
(a) Investigate and prosecute the offenses of: 694
1. Bribery, burglary, criminal usury, extortion, gambling, 695
kidnapping, larceny, murder, prostitution, perjury, robbery, 696
carjacking, home-invasion robbery, and patient brokering; 697
2. Any crime involving narcotic or other dangerous drugs; 698
3. Any violation of the Florida RICO (Racketeer Influenced 699
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and Corrupt Organization) Act, including any offense listed in 700
the definition of racketeering activity in s. 895.02(8)(a), 701
providing such listed o ffense is investigated in connection with 702
a violation of s. 895.03 and is charged in a separate count of 703
an information or indictment containing a count charging a 704
violation of s. 895.03, the prosecution of which listed offense 705
may continue independently i f the prosecution of the violation 706
of s. 895.03 is terminated for any reason; 707
4. Any violation of the Florida Anti -Fencing Act; 708
5. Any violation of the Florida Antitrust Act of 1980, as 709
amended; 710
6. Any crime involving, or resulting in, fraud or deceit 711
upon any person; 712
7. Any violation of s. 847.0135, relating to computer 713
pornography and child exploitation prevention, or any offense 714
related to a violation of s. 847.0135 or any violation of 715
chapter 827 where the crime is facilitated by or connect ed to 716
the use of the Internet or any device capable of electronic data 717
storage or transmission; 718
8. Any violation of chapter 815; 719
9. Any violation of chapter 825; 720
10. Any criminal violation of part I of chapter 499; 721
11. Any violation of the Florida Motor Fuel Tax Relief Act 722
of 2004; 723
12. Any criminal violation of s. 409.920 or s. 409.9201; 724
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13. Any crime involving voter registration, voting, or 725
candidate or issue petition activities; 726
14. Any criminal violation of the Florida Money Laundering 727
Act; 728
15. Any criminal violation of the Florida Securities and 729
Investor Protection Act; 730
16. Any violation of chapter 787, as well as any and all 731
offenses related to a violation of chapter 787; or 732
17. Any criminal violation of chapter 24, part II of 733
chapter 285, chapter 546, chapter 550, chapter 551, or chapter 734
849; 735
736
or any attempt, solicitation, or conspiracy to commit any of the 737
crimes specifically enumerated above. The office shall have such 738
power only when any such offense is occurring, or has occurred, 739
in two or more judicial circuits as part of a related 740
transaction, or when any such offense is connected with an 741
organized criminal conspiracy affecting two or more judicial 742
circuits. Informations or indictments charging such offenses 743
shall contain genera l allegations stating the judicial circuits 744
and counties in which crimes are alleged to have occurred or the 745
judicial circuits and counties in which crimes affecting such 746
circuits or counties are alleged to have been connected with an 747
organized criminal co nspiracy. 748
Section 17. For the purpose of incorporating the amendment 749
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made by this act to section 827.071, Florida Statutes, in a 750
reference thereto, paragraph (b) of subsection (4) of section 751
39.0132, Florida Statutes, is reenacted to read: 752
39.0132 Oaths, records, and confidential information. — 753
(4) 754
(b) The department shall disclose to the school 755
superintendent the presence of any child in the care and custody 756
or under the jurisdiction or supervision of the department who 757
has a known history of crimi nal sexual behavior with other 758
juveniles; is an alleged juvenile sex offender, as defined in s. 759
39.01; or has pled guilty or nolo contendere to, or has been 760
found to have committed, a violation of chapter 794, chapter 761
796, chapter 800, s. 827.071, or s. 84 7.0133, regardless of 762
adjudication. Any employee of a district school board who 763
knowingly and willfully discloses such information to an 764
unauthorized person commits a misdemeanor of the second degree, 765
punishable as provided in s. 775.082 or s. 775.083. 766
Section 18. For the purpose of incorporating the amendment 767
made by this act to section 847.001, Florida Statutes, in a 768
reference thereto, paragraph (c) of subsection (3) of section 769
39.0138, Florida Statutes, is reenacted to read: 770
39.0138 Criminal histor y and other records checks; limit 771
on placement of a child. — 772
(3) The department may not place a child with a person 773
other than a parent if the criminal history records check 774
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reveals that the person has been convicted of any felony that 775
falls within any of the following categories: 776
(c) Child pornography or other felony in which a child was 777
a victim of the offense; or 778
Section 19. For the purpose of incorporating the amendment 779
made by this act to section 847.001, Florida Statutes, in a 780
reference thereto, subsection (3) of section 92.56, Florida 781
Statutes, is reenacted to read: 782
92.56 Judicial proceedings and court records involving 783
sexual offenses and human trafficking. — 784
(3) The state may use a pseudonym instead of the victim's 785
name to designate the vi ctim of a crime described in s. 786
787.06(3)(a)1., (c)1., or (e)1., in s. 787.06(3)(b), (d), (f), 787
or (g), or in chapter 794 or chapter 800, or of child abuse, 788
aggravated child abuse, or sexual performance by a child as 789
described in chapter 827, or any crime i nvolving the production, 790
possession, or promotion of child pornography as described in 791
chapter 847, in all court records and records of court 792
proceedings, both civil and criminal. 793
Section 20. For the purpose of incorporating the amendment 794
made by this act to section 847.001, Florida Statutes, in a 795
reference thereto, section 92.561, Florida Statutes, is 796
reenacted to read: 797
92.561 Prohibition on reproduction of child pornography. — 798
(1) In a criminal proceeding, any property or material 799
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that portrays sexual performance by a child as defined in s. 800
827.071, or constitutes child pornography as defined in s. 801
847.001, must remain secured or locked in the care, custody, and 802
control of a law enforcement agency, the state attorney, or the 803
court. 804
(2) Notwithstanding any law or rule of court, a court 805
shall deny, in a criminal proceeding, any request by the 806
defendant to copy, photograph, duplicate, or otherwise reproduce 807
any property or material that portrays sexual performance by a 808
child or constitutes child po rnography so long as the state 809
attorney makes the property or material reasonably available to 810
the defendant. 811
(3) For purposes of this section, property or material is 812
deemed to be reasonably available to the defendant if the state 813
attorney provides ampl e opportunity at a designated facility for 814
the inspection, viewing, and examination of the property or 815
material that portrays sexual performance by a child or 816
constitutes child pornography by the defendant, his or her 817
attorney, or any individual whom the d efendant uses as an expert 818
during the discovery process or at a court proceeding. 819
Section 21. For the purpose of incorporating the amendment 820
made by this act to section 847.012, Florida Statutes, in a 821
reference thereto, paragraph (b) of subsection (2) of section 822
98.0751, Florida Statutes, is reenacted to read: 823
98.0751 Restoration of voting rights; termination of 824
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ineligibility subsequent to a felony conviction. — 825
(2) For purposes of this section, the term: 826
(b) "Felony sexual offense" means any of th e following: 827
1. Any felony offense that serves as a predicate to 828
registration as a sexual offender in accordance with s. 829
943.0435; 830
2. Section 491.0112; 831
3. Section 784.049(3)(b); 832
4. Section 794.08; 833
5. Section 796.08; 834
6. Section 800.101; 835
7. Section 826.04; 836
8. Section 847.012; 837
9. Section 872.06(2); 838
10. Section 944.35(3)(b)2.; 839
11. Section 951.221(1); or 840
12. Any similar offense committed in another jurisdiction 841
which would be an offense listed in this paragraph if it had 842
been committed in violation of the laws of this state. 843
Section 22. For the purpose of incorporating the 844
amendments made by this act to sections 827.071, 847.001, and 845
847.012, Florida Statutes, in references thereto, paragraphs (h) 846
and (j) of subsection (2) of section 1 19.071, Florida Statutes, 847
are reenacted to read: 848
119.071 General exemptions from inspection or copying of 849
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public records.— 850
(2) AGENCY INVESTIGATIONS. — 851
(h)1. The following criminal intelligence information or 852
criminal investigative information is conf idential and exempt 853
from s. 119.07(1) and s. 24(a), Art. I of the State 854
Constitution: 855
a. Any information that reveals the identity of the victim 856
of the crime of child abuse as defined by chapter 827 or that 857
reveals the identity of a person under the age of 18 who is the 858
victim of the crime of human trafficking proscribed in s. 859
787.06(3)(a). 860
b. Any information that may reveal the identity of a 861
person who is a victim of any sexual offense, including a sexual 862
offense proscribed in s. 787.06(3)(b), (d), (f) , or (g), chapter 863
794, chapter 796, chapter 800, chapter 827, or chapter 847. 864
c. A photograph, videotape, or image of any part of the 865
body of the victim of a sexual offense prohibited under s. 866
787.06(3)(b), (d), (f), or (g), chapter 794, chapter 796, 867
chapter 800, s. 810.145, chapter 827, or chapter 847, regardless 868
of whether the photograph, videotape, or image identifies the 869
victim. 870
2. Criminal investigative information and criminal 871
intelligence information made confidential and exempt under this 872
paragraph may be disclosed by a law enforcement agency: 873
a. In the furtherance of its official duties and 874
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responsibilities. 875
b. For print, publication, or broadcast if the law 876
enforcement agency determines that such release would assist in 877
locating or identify ing a person that such agency believes to be 878
missing or endangered. The information provided should be 879
limited to that needed to identify or locate the victim and not 880
include the sexual nature of the offense committed against the 881
person. 882
c. To another governmental agency in the furtherance of 883
its official duties and responsibilities. 884
3. This exemption applies to such confidential and exempt 885
criminal intelligence information or criminal investigative 886
information held by a law enforcement agency before, on, or 887
after the effective date of the exemption. 888
(j)1. Any document that reveals the identity, home or 889
employment telephone number, home or employment address, or 890
personal assets of the victim of a crime and identifies that 891
person as the victim of a cr ime, which document is received by 892
any agency that regularly receives information from or 893
concerning the victims of crime, is exempt from s. 119.07(1) and 894
s. 24(a), Art. I of the State Constitution. Any information not 895
otherwise held confidential or exempt from s. 119.07(1) which 896
reveals the home or employment telephone number, home or 897
employment address, or personal assets of a person who has been 898
the victim of sexual battery, aggravated child abuse, aggravated 899
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stalking, harassment, aggravated battery, or domestic violence 900
is exempt from s. 119.07(1) and s. 24(a), Art. I of the State 901
Constitution, upon written request by the victim, which must 902
include official verification that an applicable crime has 903
occurred. Such information shall cease to be exempt 5 ye ars 904
after the receipt of the written request. Any state or federal 905
agency that is authorized to have access to such documents by 906
any provision of law shall be granted such access in the 907
furtherance of such agency's statutory duties, notwithstanding 908
this section. 909
2.a. Any information in a videotaped statement of a minor 910
who is alleged to be or who is a victim of sexual battery, lewd 911
acts, or other sexual misconduct proscribed in chapter 800 or in 912
s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s. 913
847.0133, or s. 847.0145, which reveals that minor's identity, 914
including, but not limited to, the minor's face; the minor's 915
home, school, church, or employment telephone number; the 916
minor's home, school, church, or employment address; the name of 917
the minor's school, church, or place of employment; or the 918
personal assets of the minor; and which identifies that minor as 919
the victim of a crime described in this subparagraph, held by a 920
law enforcement agency, is confidential and exempt from s. 921
119.07(1) and s. 24(a), Art. I of the State Constitution. Any 922
governmental agency that is authorized to have access to such 923
statements by any provision of law shall be granted such access 924
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in the furtherance of the agency's statutory duties, 925
notwithstanding the provision s of this section. 926
b. A public employee or officer who has access to a 927
videotaped statement of a minor who is alleged to be or who is a 928
victim of sexual battery, lewd acts, or other sexual misconduct 929
proscribed in chapter 800 or in s. 794.011, s. 827.071 , s. 930
847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145 931
may not willfully and knowingly disclose videotaped information 932
that reveals the minor's identity to a person who is not 933
assisting in the investigation or prosecution of the alleged 934
offense or to any person other than the defendant, the 935
defendant's attorney, or a person specified in an order entered 936
by the court having jurisdiction of the alleged offense. A 937
person who violates this provision commits a misdemeanor of the 938
first degree, punisha ble as provided in s. 775.082 or s. 939
775.083. 940
Section 23. For the purpose of incorporating the 941
amendments made by this act to sections 827.071 and 847.001, 942
Florida Statutes, in references thereto, paragraph (c) of 943
subsection (4) of section 435.07, Flori da Statutes, is reenacted 944
to read: 945
435.07 Exemptions from disqualification. —Unless otherwise 946
provided by law, the provisions of this section apply to 947
exemptions from disqualification for disqualifying offenses 948
revealed pursuant to background screenings r equired under this 949
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chapter, regardless of whether those disqualifying offenses are 950
listed in this chapter or other laws. 951
(4) 952
(c) Disqualification from employment under this chapter 953
may not be removed from, and an exemption may not be granted to, 954
any current or prospective child care personnel, as defined in 955
s. 402.302(3), and such a person is disqualified from employment 956
as child care personnel, regardless of any previous exemptions 957
from disqualification, if the person has been registered as a 958
sex offender as described in 42 U.S.C. s. 9858f(c)(1)(C) or has 959
been arrested for and is awaiting final disposition of, has been 960
convicted or found guilty of, or entered a plea of guilty or 961
nolo contendere to, regardless of adjudication, or has been 962
adjudicated delinquent and the record has not been sealed or 963
expunged for, any offense prohibited under any of the following 964
provisions of state law or a similar law of another 965
jurisdiction: 966
1. A felony offense prohibited under any of the following 967
statutes: 968
a. Chapter 741, relating to domestic violence. 969
b. Section 782.04, relating to murder. 970
c. Section 782.07, relating to manslaughter, aggravated 971
manslaughter of an elderly person or disabled adult, aggravated 972
manslaughter of a child, or aggravated manslaughter of an 973
officer, a firefighter, an emergency medical technician, or a 974
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paramedic. 975
d. Section 784.021, relating to aggravated assault. 976
e. Section 784.045, relating to aggravated battery. 977
f. Section 787.01, relating to kidnapping. 978
g. Section 787.025, relat ing to luring or enticing a 979
child. 980
h. Section 787.04(2), relating to leading, taking, 981
enticing, or removing a minor beyond the state limits, or 982
concealing the location of a minor, with criminal intent pending 983
custody proceedings. 984
i. Section 787.04(3), relating to leading, taking, 985
enticing, or removing a minor beyond the state limits, or 986
concealing the location of a minor, with criminal intent pending 987
dependency proceedings or proceedings concerning alleged abuse 988
or neglect of a minor. 989
j. Section 794.011, relating to sexual battery. 990
k. Former s. 794.041, relating to sexual activity with or 991
solicitation of a child by a person in familial or custodial 992
authority. 993
l. Section 794.05, relating to unlawful sexual activity 994
with certain minors. 995
m. Section 794.08, relating to female genital mutilation. 996
n. Section 806.01, relating to arson. 997
o. Section 826.04, relating to incest. 998
p. Section 827.03, relating to child abuse, aggravated 999
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child abuse, or neglect of a child. 1000
q. Section 827.04, relating to co ntributing to the 1001
delinquency or dependency of a child. 1002
r. Section 827.071, relating to sexual performance by a 1003
child. 1004
s. Chapter 847, relating to child pornography. 1005
t. Chapter 893, relating to a drug abuse prevention and 1006
control offense, if that offense was committed in the preceding 1007
5 years. 1008
u. Section 985.701, relating to sexual misconduct in 1009
juvenile justice programs. 1010
2. A misdemeanor offense prohibited under any of the 1011
following statutes: 1012
a. Section 784.03, relating to battery, if the vi ctim of 1013
the offense was a minor. 1014
b. Section 787.025, relating to luring or enticing a 1015
child. 1016
c. Chapter 847, relating to child pornography. 1017
3. A criminal act committed in another state or under 1018
federal law which, if committed in this state, constitut es an 1019
offense prohibited under any statute listed in subparagraph 1. 1020
or subparagraph 2. 1021
Section 24. For the purpose of incorporating the amendment 1022
made by this act to sections 827.071, 847.001, 847.012, 1023
847.0137, and 847.0138, Florida Statutes, in refe rences thereto, 1024
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subsections (4) and (5) of section 456.074, Florida Statutes, 1025
are reenacted to read: 1026
456.074 Certain health care practitioners; immediate 1027
suspension of license. — 1028
(4) The department shall issue an emergency order 1029
suspending the license o f a massage therapist or establishment 1030
as defined in chapter 480 upon receipt of information that the 1031
massage therapist, a person with an ownership interest in the 1032
establishment, or, for a corporation that has more than $250,000 1033
of business assets in this state, the owner, officer, or 1034
individual directly involved in the management of the 1035
establishment has been convicted or found guilty of, or has 1036
entered a plea of guilty or nolo contendere to, regardless of 1037
adjudication, a violation of s. 796.07(2)(a) which is 1038
reclassified under s. 796.07(7) or a felony offense under any of 1039
the following provisions of state law or a similar provision in 1040
another jurisdiction: 1041
(a) Section 787.01, relating to kidnapping. 1042
(b) Section 787.02, relating to false imprisonment. 1043
(c) Section 787.025, relating to luring or enticing a 1044
child. 1045
(d) Section 787.06, relating to human trafficking. 1046
(e) Section 787.07, relating to human smuggling. 1047
(f) Section 794.011, relating to sexual battery. 1048
(g) Section 794.08, relating to femal e genital mutilation. 1049
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(h) Former s. 796.03, relating to procuring a person under 1050
the age of 18 for prostitution. 1051
(i) Former s. 796.035, relating to the selling or buying 1052
of minors into prostitution. 1053
(j) Section 796.04, relating to forcing, compelling , or 1054
coercing another to become a prostitute. 1055
(k) Section 796.05, relating to deriving support from the 1056
proceeds of prostitution. 1057
(l) Section 796.07(4)(a)3., relating to a felony of the 1058
third degree for a third or subsequent violation of s. 796.07, 1059
relating to prohibiting prostitution and related acts. 1060
(m) Section 800.04, relating to lewd or lascivious 1061
offenses committed upon or in the presence of persons less than 1062
16 years of age. 1063
(n) Section 825.1025(2)(b), relating to lewd or lascivious 1064
offenses committed upon or in the presence of an elderly or 1065
disabled person. 1066
(o) Section 827.071, relating to sexual performance by a 1067
child. 1068
(p) Section 847.0133, relating to the protection of 1069
minors. 1070
(q) Section 847.0135, relating to computer pornography. 1071
(r) Section 847.0138, relating to the transmission of 1072
material harmful to minors to a minor by electronic device or 1073
equipment. 1074
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(s) Section 847.0145, relating to the selling or buying of 1075
minors. 1076
(5) The department shall issue an emergency order 1077
suspending the license of any health care practitioner who is 1078
arrested for committing or attempting, soliciting, or conspiring 1079
to commit any act that would constitute a violation of any of 1080
the following criminal offenses in this state or similar 1081
offenses in another jurisdiction: 1082
(a) Section 393.135(2), relating to sexual misconduct with 1083
an individual with a developmental disability. 1084
(b) Section 394.4593(2), relating to sexual misconduct 1085
with a patient who resides in a receiving or treatment facility 1086
or is otherwise in the custody of the Department of Children and 1087
Families. 1088
(c) Section 787.01, relating to kidnapping. 1089
(d) Section 787.02, relating to false imprisonment. 1090
(e) Section 787.025(2), relating to luring or enticing a 1091
child. 1092
(f) Section 787.06(3)(b), (d), (f), or (g), relating to 1093
human trafficking for commercial sexual activity. 1094
(g) Former s. 787.06(3)(h), relating to human trafficking 1095
of a child under the age of 15 for commercial sexual activity. 1096
(h) Section 787.07, relating to human smu ggling. 1097
(i) Section 794.011, relating to sexual battery, excluding 1098
s. 794.011(10). 1099
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(j) Section 794.05, relating to unlawful sexual activity 1100
with certain minors. 1101
(k) Section 794.08, relating to female genital mutilation. 1102
(l) Former s. 796.03, relati ng to procuring a person under 1103
the age of 18 for prostitution. 1104
(m) Former s. 796.035, relating to the selling or buying 1105
of minors into prostitution. 1106
(n) Section 796.04, relating to forcing, compelling, or 1107
coercing another to become a prostitute. 1108
(o) Section 796.05, relating to deriving support from the 1109
proceeds of prostitution. 1110
(p) Section 796.07(4)(a)3., relating to a felony of the 1111
third degree for a third or subsequent violation of s. 796.07, 1112
relating to prohibiting prostitution and related acts. 1113
(q) Section 800.04, relating to lewd or lascivious 1114
offenses committed upon or in the presence of persons younger 1115
than 16 years of age. 1116
(r) Section 810.145(8), relating to video voyeurism of a 1117
minor. 1118
(s) Section 825.1025, relating to lewd or lasciviou s 1119
offenses committed upon or in the presence of an elderly person 1120
or disabled person. 1121
(t) Section 827.071, relating to sexual performance by a 1122
child. 1123
(u) Section 847.011, relating to prohibited acts in 1124
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connection with obscene, lewd, and other materials . 1125
(v) Section 847.012, relating to materials harmful to 1126
minors. 1127
(w) Section 847.013, relating to exposing minors to 1128
harmful motion pictures, exhibitions, shows, presentations, or 1129
representations. 1130
(x) Section 847.0133, relating to the protection of mi nors 1131
from obscene materials. 1132
(y) Section 847.0135, relating to computer pornography, 1133
prohibited computer usage, or traveling to meet minors, 1134
excluding s. 847.0135(6). 1135
(z) Section 847.0137, relating to the transmission of 1136
child pornography by electronic device or equipment. 1137
(aa) Section 847.0138, relating to the transmission of 1138
material harmful to minors to a minor by electronic device or 1139
equipment. 1140
(bb) Section 847.0145, relating to the selling or buying 1141
of minors. 1142
(cc) Section 856.022, relating to loitering or prowling in 1143
close proximity to children. 1144
(dd) Section 895.03, relating to racketeering activity, if 1145
the court makes a written finding that the racketeering activity 1146
involved at least one sexual offense listed in this subsection 1147
or at least one offense listed in this subsection which was 1148
committed with sexual intent or motive. 1149
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(ee) Section 916.1075(2), relating to sexual misconduct 1150
against a forensic client of a civil or forensic facility for 1151
defendants who have a mental illness or an int ellectual 1152
disability. 1153
(ff) Section 985.701(1), relating to sexual misconduct 1154
against a juvenile offender. 1155
(gg) Any similar offense committed in this state which has 1156
been redesignated from a former statute number to one of those 1157
listed in this subsectio n. 1158
Section 25. For the purpose of incorporating the 1159
amendments made by this act to sections 827.071, 847.001, and 1160
847.0138, Florida Statutes, in references thereto, paragraphs 1161
(o), (p), (q), (r), and (s) of subsection (7) of section 1162
480.041, Florida Statutes, are reenacted to read: 1163
480.041 Massage therapists; qualifications; licensure; 1164
endorsement.— 1165
(7) The board shall deny an application for a new or 1166
renewal license if an applicant has been convicted or found 1167
guilty of, or enters a plea of guilty o r nolo contendere to, 1168
regardless of adjudication, a violation of s. 796.07(2)(a) which 1169
is reclassified under s. 796.07(7) or a felony offense under any 1170
of the following provisions of state law or a similar provision 1171
in another jurisdiction: 1172
(o) Section 827.071, relating to sexual performance by a 1173
child. 1174
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(p) Section 847.0133, relating to the protection of 1175
minors. 1176
(q) Section 847.0135, relating to computer pornography. 1177
(r) Section 847.0138, relating to the transmission of 1178
material harmful to minors t o a minor by electronic device or 1179
equipment. 1180
(s) Section 847.0145, relating to the selling or buying of 1181
minors. 1182
Section 26. For the purpose of incorporating the 1183
amendments made by this act to sections 827.071, 847.001, and 1184
847.0138, Florida Statutes, in references thereto, paragraphs 1185
(n), (o), (p), (q), and (r) of subsection (8) of section 1186
480.043, Florida Statutes, are reenacted to read: 1187
480.043 Massage establishments; requisites; licensure; 1188
inspection; human trafficking awareness training and poli cies.— 1189
(8) The department shall deny an application for a new or 1190
renewal license if an establishment owner or a designated 1191
establishment manager or, for a corporation that has more than 1192
$250,000 of business assets in this state, an establishment 1193
owner, a designated establishment manager, or any individual 1194
directly involved in the management of the establishment has 1195
been convicted of or entered a plea of guilty or nolo contendere 1196
to any misdemeanor or felony crime, regardless of adjudication, 1197
related to prostitution or related acts as described in s. 1198
796.07 or a felony offense under any of the following provisions 1199
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of state law or a similar provision in another jurisdiction: 1200
(n) Section 827.071, relating to sexual performance by a 1201
child. 1202
(o) Section 847.0133, relating to the protection of 1203
minors. 1204
(p) Section 847.0135, relating to computer pornography. 1205
(q) Section 847.0138, relating to the transmission of 1206
material harmful to minors to a minor by electronic device or 1207
equipment. 1208
(r) Section 847.0145, r elating to the selling or buying of 1209
minors. 1210
Section 27. For the purpose of incorporating the amendment 1211
made by this act to section 847.001, Florida Statutes, in a 1212
reference thereto, paragraph (a) of subsection (4) and paragraph 1213
(b) of subsection (10) o f section 775.21, Florida Statutes, are 1214
reenacted to read: 1215
775.21 The Florida Sexual Predators Act. — 1216
(4) SEXUAL PREDATOR CRITERIA. — 1217
(a) For a current offense committed on or after October 1, 1218
1993, upon conviction, an offender shall be designated as a 1219
"sexual predator" under subsection (5), and subject to 1220
registration under subsection (6) and community and public 1221
notification under subsection (7) if: 1222
1. The felony is: 1223
a. A capital, life, or first degree felony violation, or 1224
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any attempt thereof, of s. 787.01 or s. 787.02, where the victim 1225
is a minor, or s. 794.011, s. 800.04, or s. 847.0145, or a 1226
violation of a similar law of another jurisdiction; or 1227
b. Any felony violation, or any attempt thereof, of s. 1228
393.135(2); s. 394.4593(2); s. 787.01, s. 78 7.02, or s. 1229
787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), 1230
(d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding 1231
s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; 1232
s. 800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071; s . 1233
847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03, if 1234
the court makes a written finding that the racketeering activity 1235
involved at least one sexual offense listed in this sub -1236
subparagraph or at least one offense listed in this sub -1237
subparagraph with sexual intent or motive; s. 916.1075(2); or s. 1238
985.701(1); or a violation of a similar law of another 1239
jurisdiction, and the offender has previously been convicted of 1240
or found to have committed, or has pled nolo contendere or 1241
guilty to, regardless of ad judication, any violation of s. 1242
393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 1243
787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), 1244
(d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding 1245
s. 794.011(10); s. 794.05; former s. 796.03 ; former s. 796.035; 1246
s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, 1247
excluding s. 847.0135(6); s. 847.0145; s. 895.03, if the court 1248
makes a written finding that the racketeering activity involved 1249
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at least one sexual offense listed in this sub -subparagraph or 1250
at least one offense listed in this sub -subparagraph with sexual 1251
intent or motive; s. 916.1075(2); or s. 985.701(1); or a 1252
violation of a similar law of another jurisdiction; 1253
2. The offender has not received a pardon for any felony 1254
or similar law of another jurisdiction that is necessary for the 1255
operation of this paragraph; and 1256
3. A conviction of a felony or similar law of another 1257
jurisdiction necessary to the operation of this paragraph has 1258
not been set aside in any postconviction proceeding. 1259
(10) PENALTIES.— 1260
(b) A sexual predator who has been convicted of or found 1261
to have committed, or has pled nolo contendere or guilty to, 1262
regardless of adjudication, any violation, or attempted 1263
violation, of s. 787.01, s. 787.02, or s. 787.02 5(2)(c), where 1264
the victim is a minor; s. 794.011, excluding s. 794.011(10); s. 1265
794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 1266
827.071; s. 847.0133; s. 847.0135(5); s. 847.0145; or s. 1267
985.701(1); or a violation of a similar law of another 1268
jurisdiction when the victim of the offense was a minor, and who 1269
works, whether for compensation or as a volunteer, at any 1270
business, school, child care facility, park, playground, or 1271
other place where children regularly congregate, commits a 1272
felony of the third degree, punishable as provided in s. 1273
775.082, s. 775.083, or s. 775.084. 1274
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Section 28. For the purpose of incorporating the 1275
amendments made by this act to sections 827.071 and 847.001, 1276
Florida Statutes, in references thereto, subsection (2) and 1277
paragraphs (a) and (c) of subsection (3) of section 775.215, 1278
Florida Statutes, are reenacted to read: 1279
775.215 Residency restriction for persons convicted of 1280
certain sex offenses. — 1281
(2)(a) A person who has been convicted of a violation of 1282
s. 794.011, s. 800.04, s . 827.071, s. 847.0135(5), or s. 1283
847.0145, regardless of whether adjudication has been withheld, 1284
in which the victim of the offense was less than 16 years of 1285
age, may not reside within 1,000 feet of any school, child care 1286
facility, park, or playground. How ever, a person does not 1287
violate this subsection and may not be forced to relocate if he 1288
or she is living in a residence that meets the requirements of 1289
this subsection and a school, child care facility, park, or 1290
playground is subsequently established within 1,000 feet of his 1291
or her residence. 1292
(b) A person who violates this subsection and whose 1293
conviction under s. 794.011, s. 800.04, s. 827.071, s. 1294
847.0135(5), or s. 847.0145 was classified as a felony of the 1295
first degree or higher commits a felony of the t hird degree, 1296
punishable as provided in s. 775.082 or s. 775.083. A person who 1297
violates this subsection and whose conviction under s. 794.011, 1298
s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 was 1299
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classified as a felony of the second or third degree com mits a 1300
misdemeanor of the first degree, punishable as provided in s. 1301
775.082 or s. 775.083. 1302
(c) This subsection applies to any person convicted of a 1303
violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), 1304
or s. 847.0145 for offenses that occur on or after October 1, 1305
2004, excluding persons who have been removed from the 1306
requirement to register as a sexual offender or sexual predator 1307
pursuant to s. 943.04354. 1308
(3)(a) A person who has been convicted of an offense in 1309
another jurisdiction that is sim ilar to a violation of s. 1310
794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, 1311
regardless of whether adjudication has been withheld, in which 1312
the victim of the offense was less than 16 years of age, may not 1313
reside within 1,000 feet of any school , child care facility, 1314
park, or playground. However, a person does not violate this 1315
subsection and may not be forced to relocate if he or she is 1316
living in a residence that meets the requirements of this 1317
subsection and a school, child care facility, park, o r 1318
playground is subsequently established within 1,000 feet of his 1319
or her residence. 1320
(c) This subsection applies to any person convicted of an 1321
offense in another jurisdiction that is similar to a violation 1322
of s. 794.011, s. 800.04, s. 827.071, s. 847.0135 (5), or s. 1323
847.0145 if such offense occurred on or after May 26, 2010, 1324
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excluding persons who have been removed from the requirement to 1325
register as a sexual offender or sexual predator pursuant to s. 1326
943.04354. 1327
Section 29. For the purpose of incorporati ng the 1328
amendments made by this act to sections 827.071, 847.001, and 1329
847.0137, Florida Statutes, in references thereto, subsection 1330
(1) of section 794.056, Florida Statutes, is reenacted to read: 1331
794.056 Rape Crisis Program Trust Fund. — 1332
(1) The Rape Crisis Program Trust Fund is created within 1333
the Department of Health for the purpose of providing funds for 1334
rape crisis centers in this state. Trust fund moneys shall be 1335
used exclusively for the purpose of providing services for 1336
victims of sexual assault. Fun ds credited to the trust fund 1337
consist of those funds collected as an additional court 1338
assessment in each case in which a defendant pleads guilty or 1339
nolo contendere to, or is found guilty of, regardless of 1340
adjudication, an offense provided in s. 775.21(6) a nd (10)(a), 1341
(b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 1342
784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 1343
784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s. 1344
787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 7 94.08; 1345
former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 1346
796.06; s. 796.07(2)(a) -(d) and (i); s. 800.03; s. 800.04; s. 1347
810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s. 1348
825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 1349
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847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), 1350
(13), and (14)(c); or s. 985.701(1). Funds credited to the trust 1351
fund also shall include revenues provided by law, moneys 1352
appropriated by the Legislature, and grants from public or 1353
private entities. 1354
Section 30. For the purpose of incorporating the 1355
amendments made by this act to sections 847.001 and 847.0138, 1356
Florida Statutes, in references thereto, paragraph (h) of 1357
subsection (1) of section 943.0435, Florida Statutes, is 1358
reenacted to read: 1359
943.0435 Sexual offenders required to register with the 1360
department; penalty. — 1361
(1) As used in this section, the term: 1362
(h)1. "Sexual offender" means a person who meets the 1363
criteria in sub-subparagraph a., sub -subparagraph b., sub -1364
subparagraph c., or sub -subparagraph d., as follows: 1365
a.(I) Has been convicted of committing, or attempting, 1366
soliciting, or conspiring to commit, any of the criminal 1367
offenses proscribed in the following statutes in this state or 1368
similar offenses in another jurisdiction: s. 393. 135(2); s. 1369
394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where 1370
the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former 1371
s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 1372
794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 1373
810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, 1374
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excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; 1375
s. 895.03, if the court makes a written finding that the 1376
racketeering activity involved at least one sexual offense 1377
listed in this sub-sub-subparagraph or at least one offense 1378
listed in this sub-sub-subparagraph with sexual intent or 1379
motive; s. 916.1075(2); or s. 985.701(1); or any similar offense 1380
committed in this state which has been redesignated from a 1381
former statute number to on e of those listed in this sub -sub-1382
subparagraph; and 1383
(II) Has been released on or after October 1, 1997, from a 1384
sanction imposed for any conviction of an offense described in 1385
sub-sub-subparagraph (I) and does not otherwise meet the 1386
criteria for registrati on as a sexual offender under chapter 944 1387
or chapter 985. For purposes of this sub -sub-subparagraph, a 1388
sanction imposed in this state or in any other jurisdiction 1389
means probation, community control, parole, conditional release, 1390
control release, or incarcer ation in a state prison, federal 1391
prison, private correctional facility, or local detention 1392
facility. If no sanction is imposed, the person is deemed to be 1393
released upon conviction; 1394
b. Establishes or maintains a residence in this state and 1395
who has not been designated as a sexual predator by a court of 1396
this state but who has been designated as a sexual predator, as 1397
a sexually violent predator, or by another sexual offender 1398
designation in another state or jurisdiction and was, as a 1399
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result of such designation , subjected to registration or 1400
community or public notification, or both, or would be if the 1401
person were a resident of that state or jurisdiction, without 1402
regard to whether the person otherwise meets the criteria for 1403
registration as a sexual offender; 1404
c. Establishes or maintains a residence in this state who 1405
is in the custody or control of, or under the supervision of, 1406
any other state or jurisdiction as a result of a conviction for 1407
committing, or attempting, soliciting, or conspiring to commit, 1408
any of the criminal offenses proscribed in the following 1409
statutes or similar offense in another jurisdiction: s. 1410
393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 1411
787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), 1412
(d), (f), or (g); former s. 787.06(3 )(h); s. 794.011, excluding 1413
s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; 1414
s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; 1415
s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; 1416
s. 847.0145; s. 895.03, if the cour t makes a written finding 1417
that the racketeering activity involved at least one sexual 1418
offense listed in this sub -subparagraph or at least one offense 1419
listed in this sub-subparagraph with sexual intent or motive; s. 1420
916.1075(2); or s. 985.701(1); or any sim ilar offense committed 1421
in this state which has been redesignated from a former statute 1422
number to one of those listed in this sub -subparagraph; or 1423
d. On or after July 1, 2007, has been adjudicated 1424
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delinquent for committing, or attempting, soliciting, or 1425
conspiring to commit, any of the criminal offenses proscribed in 1426
the following statutes in this state or similar offenses in 1427
another jurisdiction when the juvenile was 14 years of age or 1428
older at the time of the offense: 1429
(I) Section 794.011, excluding s. 794.011(10); 1430
(II) Section 800.04(4)(a)2. where the victim is under 12 1431
years of age or where the court finds sexual activity by the use 1432
of force or coercion; 1433
(III) Section 800.04(5)(c)1. where the court finds 1434
molestation involving unclothed genitals; 1435
(IV) Section 800.04(5)(d) where the court finds the use of 1436
force or coercion and unclothed genitals; or 1437
(V) Any similar offense committed in this state which has 1438
been redesignated from a former statute number to one of those 1439
listed in this sub-subparagraph. 1440
2. For all qualifying offenses listed in sub -subparagraph 1441
1.d., the court shall make a written finding of the age of the 1442
offender at the time of the offense. 1443
1444
For each violation of a qualifying offense listed in this 1445
subsection, except for a violation of s. 794.011, the court 1446
shall make a written finding of the age of the victim at the 1447
time of the offense. For a violation of s. 800.04(4), the court 1448
shall also make a written finding indicating whether the offense 1449
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involved sexual activity and indicating whether the offense 1450
involved force or coercion. For a violation of s. 800.04(5), the 1451
court shall also make a written finding that the offense did or 1452
did not involve unclothed genitals or genital area and that the 1453
offense did or did not involve the use of force or coercion. 1454
Section 31. For the purpose of incorporating the 1455
amendments made by this act to sections 847.001, Florida 1456
Statutes, in a reference thereto, su bsection (2) of section 1457
944.11, Florida Statutes, is reenacted to read: 1458
944.11 Department to regulate admission of books. — 1459
(2) The department shall have the authority to prohibit 1460
admission of reading materials or publications with content 1461
which depicts sexual conduct as defined by s. 847.001 or 1462
presents nudity in such a way as to create the appearance that 1463
sexual conduct is imminent. The department shall have the 1464
authority to prohibit admission of such materials at a 1465
particular state correctional facili ty upon a determination by 1466
the department that such material or publications would be 1467
detrimental to the safety, security, order or rehabilitative 1468
interests of a particular state correctional facility or would 1469
create a risk of disorder at a particular stat e correctional 1470
facility. 1471
Section 32. For the purpose of incorporating the 1472
amendments made by this act to sections 827.071, 847.001, 1473
847.0137, and 847.0138, Florida Statutes, in references thereto, 1474
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paragraph (f) of subsection (1) of section 944.606, Flo rida 1475
Statutes, is reenacted to read: 1476
944.606 Sexual offenders; notification upon release. — 1477
(1) As used in this section, the term: 1478
(f) "Sexual offender" means a person who has been 1479
convicted of committing, or attempting, soliciting, or 1480
conspiring to commit, any of the criminal offenses proscribed in 1481
the following statutes in this state or similar offenses in 1482
another jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, 1483
s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 1484
787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 1485
794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; 1486
former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 1487
827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 1488
847.0137; s. 847.0138; s. 847.0145; s. 895.03, if the court 1489
makes a written finding that the racketeering activity involved 1490
at least one sexual offense listed in this paragraph or at least 1491
one offense listed in this paragraph with sexual intent or 1492
motive; s. 916.1075(2); or s. 985. 701(1); or any similar offense 1493
committed in this state which has been redesignated from a 1494
former statute number to one of those listed in this subsection, 1495
when the department has received verified information regarding 1496
such conviction; an offender's comput erized criminal history 1497
record is not, in and of itself, verified information. 1498
Section 33. For the purpose of incorporating the 1499
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amendments made by this act to sections 827.071, 847.001, 1500
847.0137, and 847.0138, Florida Statutes, in references thereto, 1501
paragraph (f) of subsection (1) of section 944.607, Florida 1502
Statutes, is reenacted to read: 1503
944.607 Notification to Department of Law Enforcement of 1504
information on sexual offenders. — 1505
(1) As used in this section, the term: 1506
(f) "Sexual offender" means a person who is in the custody 1507
or control of, or under the supervision of, the department or is 1508
in the custody of a private correctional facility: 1509
1. On or after October 1, 1997, as a result of a 1510
conviction for committing, or attempting, soliciting, or 1511
conspiring to commit, any of the criminal offenses proscribed in 1512
the following statutes in this state or similar offenses in 1513
another jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, 1514
s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 1515
787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 1516
794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; 1517
former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 1518
827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 1519
847.0137; s. 847.0138; s. 847.0145; s. 895.03, if the court 1520
makes a written finding that the racketeering activity involved 1521
at least one sexual offense listed in this subparagraph or at 1522
least one offense listed in this subparagraph with sexual intent 1523
or motive; s. 916.1075(2); or s. 985.701(1); or any similar 1524
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offense committed in this state which has been redesignated from 1525
a former statute number to one of those listed in this 1526
paragraph; or 1527
2. Who establishes or maintains a residence in this state 1528
and who has not been designated as a sexual predator by a court 1529
of this state but who has been designated as a sexual predator, 1530
as a sexually violent predator, or by another sexual offender 1531
designation in another state or jurisdiction and was, as a 1532
result of such designation, subjected to registration or 1533
community or public notification, or both, or would be if the 1534
person were a resident of that state or jurisdiction, without 1535
regard as to whether the person otherwise meets the criteria for 1536
registration as a sexual offender. 1537
Section 34. For the purpose of incorporating the 1538
amendments made by this act to sections 827.071, 847.0137, 1539
and 847.0138, Florida Statutes, in references thereto, paragraph 1540
(e) of subsection (3) of section 960.03, Florida Statutes, is 1541
reenacted to read: 1542
960.03 Definitions; ss. 960.01 -960.28.—As used in ss. 1543
960.01-960.28, unless the context otherwise requires, the term: 1544
(3) "Crime" means: 1545
(e) A violation of s. 827.071, s. 847.0135, s. 847.0137, 1546
or s. 847.0138, related to online sexual exploitation a nd child 1547
pornography. 1548
Section 35. For the purpose of incorporating the 1549
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amendments made by this act to sections 827.071, 847.0137, and 1550
847.0138, Florida Statutes, in references thereto, section 1551
960.197, Florida Statutes, is reenacted to read: 1552
960.197 Assistance to victims of online sexual 1553
exploitation and child pornography. — 1554
(1) Notwithstanding the criteria set forth in s. 960.13 1555
for crime victim compensation awards, the department may award 1556
compensation for counseling and other mental health service s to 1557
treat psychological injury or trauma to: 1558
(a) A child younger than 18 years of age who suffers 1559
psychiatric or psychological injury as a direct result of online 1560
sexual exploitation under any provision of s. 827.071, s. 1561
847.0135, s. 847.0137, or s. 847 .0138, and who does not 1562
otherwise sustain a personal injury or death; or 1563
(b) Any person who, while younger than age 18, was 1564
depicted in any image or movie, regardless of length, of child 1565
pornography as defined in s. 847.001, who has been identified by 1566
a law enforcement agency or the National Center for Missing and 1567
Exploited Children as an identified victim of child pornography, 1568
who suffers psychiatric or psychological injury as a direct 1569
result of the crime, and who does not otherwise sustain a 1570
personal injury or death. 1571
(2) Compensation under this section is not contingent upon 1572
pursuit of a criminal investigation or prosecution. 1573
Section 36. For the purpose of incorporating the amendment 1574
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made by this act to section 847.012, Florida Statutes, in a 1575
reference thereto, paragraphs (a) and (d) of subsection (2) of 1576
section 1006.28, Florida Statutes, are reenacted to read: 1577
1006.28 Duties of district school board, district school 1578
superintendent; and school principal regarding K -12 1579
instructional materials. — 1580
(2) DISTRICT SCHOOL BOARD. —The district school board has 1581
the constitutional duty and responsibility to select and provide 1582
adequate instructional materials for all students in accordance 1583
with the requirements of this part. The district school board 1584
also has the following specific duties and responsibilities: 1585
(a) Courses of study; adoption. —Adopt courses of study, 1586
including instructional materials, for use in the schools of the 1587
district. 1588
1. Each district school board is responsible for the 1589
content of all instructional materials and any other materials 1590
used in a classroom, made available in a school library, or 1591
included on a reading list, whether adopted and purchased from 1592
the state-adopted instructional materials list, adopted and 1593
purchased through a distr ict instructional materials program 1594
under s. 1006.283, or otherwise purchased or made available. 1595
Each district school board shall maintain on its website a 1596
current list of instructional materials, by grade level, 1597
purchased by the district. 1598
2. Each district school board must adopt a policy 1599
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regarding an objection by a parent or a resident of the county 1600
to the use of a specific instructional material, which clearly 1601
describes a process to handle all objections and provides for 1602
resolution. The process must pro vide the parent or resident the 1603
opportunity to proffer evidence to the district school board 1604
that: 1605
a. An instructional material does not meet the criteria of 1606
s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in 1607
a course or otherwise made avail able to students in the school 1608
district but was not subject to the public notice, review, 1609
comment, and hearing procedures under s. 1006.283(2)(b)8., 9., 1610
and 11. 1611
b. Any material used in a classroom, made available in a 1612
school library, or included on a rea ding list contains content 1613
that is pornographic or prohibited under s. 847.012, is not 1614
suited to student needs and their ability to comprehend the 1615
material presented, or is inappropriate for the grade level and 1616
age group for which the material is used. 1617
1618
If the district school board finds that an instructional 1619
material does not meet the criteria under sub -subparagraph a. or 1620
that any other material contains prohibited content under sub -1621
subparagraph b., the school district shall discontinue use of 1622
the material for any grade level or age group for which such use 1623
is inappropriate or unsuitable. 1624
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3. Each district school board must establish a process by 1625
which the parent of a public school student or a resident of the 1626
county may contest the district school board's adoption of a 1627
specific instructional material. The parent or resident must 1628
file a petition, on a form provided by the school board, within 1629
30 calendar days after the adoption of the material by the 1630
school board. The school board must make the form availab le to 1631
the public and publish the form on the school district's 1632
website. The form must be signed by the parent or resident, 1633
include the required contact information, and state the 1634
objection to the instructional material based on the criteria of 1635
s. 1006.31(2) or s. 1006.40(3)(d). Within 30 days after the 30 -1636
day period has expired, the school board must, for all petitions 1637
timely received, conduct at least one open public hearing before 1638
an unbiased and qualified hearing officer. The hearing officer 1639
may not be an employee or agent of the school district. The 1640
hearing is not subject to the provisions of chapter 120; 1641
however, the hearing must provide sufficient procedural 1642
protections to allow each petitioner an adequate and fair 1643
opportunity to be heard and present e vidence to the hearing 1644
officer. 1645
1646
The school board's decision after convening a hearing is final 1647
and not subject to further petition or review. 1648
(d) School library media services; establishment and 1649
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maintenance.—Establish and maintain a program of school li brary 1650
media services for all public schools in the district, including 1651
school library media centers, or school library media centers 1652
open to the public, and, in addition such traveling or 1653
circulating libraries as may be needed for the proper operation 1654
of the district school system. Each school district shall 1655
provide training to school librarians and media specialists 1656
regarding the prohibition against distributing harmful materials 1657
to minors under s. 847.012 and applicable case law, and best 1658
practices for providing students access to age -appropriate 1659
materials and library resources. Upon written request, a school 1660
district shall provide access to any material or book specified 1661
in the request that is maintained in a district school system 1662
library and is availabl e for review. 1663
Section 37. For the purpose of incorporating the amendment 1664
made by this act to section 847.012, Florida Statutes, in a 1665
reference thereto, subsection (2) of section 1006.31, Florida 1666
Statutes, is reenacted to read: 1667
1006.31 Duties of the D epartment of Education and school 1668
district instructional materials reviewer. —The duties of the 1669
instructional materials reviewer are: 1670
(2) EVALUATION OF INSTRUCTIONAL MATERIALS. —To use the 1671
selection criteria listed in s. 1006.34(2)(b) and recommend for 1672
adoption only those instructional materials aligned with the 1673
Next Generation Sunshine State Standards provided for in s. 1674
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1003.41. Instructional materials recommended by each reviewer 1675
shall be, to the satisfaction of each reviewer, accurate, 1676
objective, balanced, noninflammatory, current, free of 1677
pornography and material prohibited under s. 847.012, and suited 1678
to student needs and their ability to comprehend the material 1679
presented. Reviewers shall consider for recommendation materials 1680
developed for academically talented students, such as students 1681
enrolled in advanced placement courses. When recommending 1682
instructional materials, each reviewer shall: 1683
(a) Include only instructional materials that accurately 1684
portray the ethnic, socioeconomic, cultural, religious, 1685
physical, and racial diversity of our society, including men and 1686
women in professional, career, and executive roles, and the role 1687
and contributions of the entrepreneur and labor in the total 1688
development of this state and the United States. 1689
(b) Include only materials that accurately portray, 1690
whenever appropriate, humankind's place in ecological systems, 1691
including the necessity for the protection of our environment 1692
and conservation of our natural resources and the effects on the 1693
human system of the use of to bacco, alcohol, controlled 1694
substances, and other dangerous substances. 1695
(c) Include materials that encourage thrift, fire 1696
prevention, and humane treatment of people and animals. 1697
(d) Require, when appropriate to the comprehension of 1698
students, that materi als for social science, history, or civics 1699
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classes contain the Declaration of Independence and the 1700
Constitution of the United States. A reviewer may not recommend 1701
any instructional materials that contain any matter reflecting 1702
unfairly upon persons because of their race, color, creed, 1703
national origin, ancestry, gender, religion, disability, 1704
socioeconomic status, or occupation. 1705
Section 38. For the purpose of incorporating the amendment 1706
made by this act to section 847.012, Florida Statutes, in a 1707
reference thereto, paragraph (b) of subsection (2) of section 1708
1006.34, Florida Statutes, is reenacted to read: 1709
1006.34 Powers and duties of the commissioner and the 1710
department in selecting and adopting instructional materials. — 1711
(2) SELECTION AND ADOPTION OF INST RUCTIONAL MATERIALS. — 1712
(b) In the selection of instructional materials, library 1713
media, and other reading material used in the public school 1714
system, the standards used to determine the propriety of the 1715
material shall include: 1716
1. The age of the students w ho normally could be expected 1717
to have access to the material. 1718
2. The educational purpose to be served by the material. 1719
Priority shall be given to the selection of materials that align 1720
with the Next Generation Sunshine State Standards as provided 1721
for in s. 1003.41 and include the instructional objectives 1722
contained within the curriculum frameworks for career and 1723
technical education and adult and adult general education 1724
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adopted by rule of the State Board of Education under s. 1725
1004.92. 1726
3. The degree to whic h the material would be supplemented 1727
and explained by mature classroom instruction as part of a 1728
normal classroom instructional program. 1729
4. The consideration of the broad racial, ethnic, 1730
socioeconomic, and cultural diversity of the students of this 1731
state. 1732
1733
Any instructional material containing pornography or otherwise 1734
prohibited by s. 847.012 may not be used or made available 1735
within any public school. 1736
Section 39. For the purpose of incorporating the amendment 1737
made by this act to section 847.012, Florid a Statutes, in a 1738
reference thereto, paragraph (d) of subsection (3) of section 1739
1006.40, Florida Statutes, is reenacted to read: 1740
1006.40 Use of instructional materials allocation; 1741
instructional materials, library books, and reference books; 1742
repair of books.— 1743
(3) 1744
(d) Any materials purchased pursuant to this section must 1745
be: 1746
1. Free of pornography and material prohibited under s. 1747
847.012. 1748
2. Suited to student needs and their ability to comprehend 1749
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the material presented. 1750
3. Appropriate for the grade level and age group for which 1751
the materials are used or made available. 1752
Section 40. This act shall take effect July 1, 2022. 1753