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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 sexually explicit material; 2
amending s. 775.0847, F.S.; revising definitions; 3
defining the term "identifiable minor"; revising the 4
list of circumstances under which specified offenses 5
may be reclassified; amending s. 784.049, F.S.; 6
increasing the monetary damages an aggrieved person 7
may receive as a result of sexual cyberharassment; 8
amending s. 827.071, F.S.; revising and providing 9
definitions; conforming provisions to changes made by 10
the act; creating s. 836.13, F.S.; providing 11
definitions; prohibiting the willful and malicious 12
promotion of altered sexual depictions without 13
consent; providing criminal penalties; providing a 14
civil cause of action; providing applicability; 15
providing construction; creating s. 836.14, F.S.; 16
providing definitions; prohibiting a person from 17
obtaining, possessing, or promoting sexually explicit 18
images without consent and with specified intent; 19
providing criminal penalties; providing a civil cause 20
of action; providing applicability; providing 21
construction; amendin g s. 847.001, F.S.; revising 22
definitions; defining the terms "identifiable minor" 23
and "promote"; amending s. 847.011, F.S.; increasing a 24
penalty relating to child -like sex dolls; amending s. 25
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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
847.0137, F.S.; deleting the definition of the term 26
"minor"; redefining the term "transmit"; amending s. 27
921.0022, F.S.; ranking offenses created by this act 28
on the Criminal Punishment Code offense severity 29
ranking chart; conforming provisions to changes made 30
by the act; amending ss. 288.1254 and 847.0141, F.S.; 31
conforming cross-references; providing an effective 32
date. 33
34
Be It Enacted by the Legislature of the State of Florida: 35
36
Section 1. Section 775.0847, Florida Statutes, is amended 37
to read: 38
775.0847 Possession or promotion of certain images of 39
child pornography; reclassification. — 40
(1) For purposes of this section: 41
(a) "Child" or "minor" means any person, whose identity is 42
known or unknown, younger less than 18 years of age. 43
(b) "Child pornography" means : 44
1. Any image depicting a minor engaged in sexua l conduct; 45
or 46
2. Any image that has been created, altered, adapted, or 47
modified by electronic, mechanical, or other means, to portray 48
an identifiable minor engaged in sexual conduct . 49
(c) "Identifiable minor" means a person: 50
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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
1. Who was a minor at the time the image was created, 51
adapted, or modified, or whose image as a minor was used in the 52
creation, adaption, or modification of the image; and 53
2. Who is recognizable as an actual person by the person's 54
face, likeness, or other distinguishing character istic, such as 55
a unique birthmark, or other recognizable feature. 56
57
The term may not be construed to require proof of the actual 58
identity of the identifiable minor. 59
(d)(c) "Sadomasochistic abuse" means flagellation or 60
torture by or upon a person or the condition of being fettered, 61
bound, or otherwise physically restrained, for the purpose of 62
deriving sexual satisfaction, or satisfaction brought about as a 63
result of sadistic violence, from inflicting harm on another or 64
receiving such harm oneself. 65
(e)(d) "Sexual battery" means oral, anal, or vaginal 66
penetration by, or union with, the sexual organ of another or 67
the anal or vaginal penetration of another by any other object; 68
however, sexual battery does not include an act done for a bona 69
fide medical purpose. 70
(f)(e) "Sexual bestiality" means any sexual act, actual or 71
simulated, between a person and an animal involving the sex 72
organ of the one and the mouth, anus, or vagina of the other. 73
(g)(f) "Sexual conduct" means actual or simulated sexual 74
intercourse, deviate sexual intercourse, sexual bestiality, 75
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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
masturbation, or sadomasochistic abuse; actual or simulated lewd 76
exhibition of the genitals; actual physical contact with a 77
person's clothed or unclothed genitals, pubic area, buttocks, 78
or, if such person is a female, breast with the intent to arouse 79
or gratify the sexual desire of either party; or any act or 80
conduct which constitutes sexual battery or simulates that 81
sexual battery is being or will be committed. A mother's 82
breastfeeding of her baby does not under any circumstance 83
constitute "sexual conduct." 84
(2) A violation of s. 827.071, s. 847.0135, s. 847.0137, 85
or s. 847.0138 shall be reclassified to the next higher degree 86
as provided in subsection (3) if: 87
(a) The offender possesses 10 or more images of any form 88
of child pornography regardless of content; and 89
(b) The content of at least one image contains one or more 90
of the following: 91
1. A child who is younger than th e age of 5. 92
2. Sadomasochistic abuse involving a child. 93
3. Sexual battery involving a child. 94
4. Sexual bestiality involving a child. 95
5. Any motion picture, film, video, or computer -generated 96
motion picture, film, or video movie involving a child, 97
regardless of length and regardless of whether the motion 98
picture, film, video, or computer -generated motion picture, 99
film, or video movie contains sound. 100
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(3)(a) In the case of a felony of the third degree, the 101
offense is reclassified to a felony of the s econd degree. 102
(b) In the case of a felony of the second degree, the 103
offense is reclassified to a felony of the first degree. 104
105
For purposes of sentencing under chapter 921 and determining 106
incentive gain-time eligibility under chapter 944, a felony 107
offense that is reclassified under this section is ranked one 108
level above the ranking under s. 921.0022 or s. 921.0023 of the 109
offense committed. 110
Section 2. Paragraph (b) of subsection (5) of section 111
784.049, Florida Statutes, is amended to read: 112
784.049 Sexual cyberharassment. — 113
(5) An aggrieved person may initiate a civil action 114
against a person who violates this section to obtain all 115
appropriate relief in order to prevent or remedy a violation of 116
this section, including the following: 117
(b) Monetary damages to include $10,000 $5,000 or actual 118
damages incurred as a result of a violation of this section, 119
whichever is greater. 120
Section 3. Section 827.071, Florida Statutes, is amended 121
to read: 122
827.071 Sexual performance by a child; child pornography; 123
penalties.— 124
(1) As used in this section, the following definitions 125
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shall apply: 126
(a) "Child" or "minor" means any person, whose identity is 127
known or unknown, younger than 18 years of age. 128
(b) "Child pornography" means: 129
1. Any image depicting a minor eng aged in sexual conduct; 130
or 131
2. Any image that has been created, altered, adapted, or 132
modified by electronic, mechanical, or other means, to portray 133
an identifiable minor engaged in sexual conduct. 134
(c)(a) "Deviate sexual intercourse" means sexual conduct 135
between persons not married to each other consisting of contact 136
between the penis and the anus, the mouth and the penis, or the 137
mouth and the vulva. 138
(d) "Identifiable minor" means a person: 139
1. Who was a minor at the time the image was created, 140
adapted, or modified, or whose image as a minor was used in the 141
creation, adaption, or modification of the image; and 142
2. Who is recognizable as an actual person by the person's 143
face, likeness, or other distinguishing characteristic, such as 144
a unique birthmark, or other recognizable feature. 145
146
The term may not be construed to require proof of the actual 147
identity of the identifiable minor. 148
(e)(b) "Intentionally view" means to deliberately, 149
purposefully, and voluntarily view. Proof of intentional viewing 150
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requires establishing more than a single image, motion picture, 151
exhibition, show, image, data, computer depiction, 152
representation, or other presentation over any period of time. 153
(f)(c) "Performance" means any play, motion picture, 154
photograph, or dance or any other visual representation 155
exhibited before an audience. 156
(g)(d) "Promote" means to procure, manufacture, issue, 157
sell, give, provide, lend, mail, deliver, transfer, transmit, 158
transmute, publish, distribute, circulate, disseminate, present, 159
exhibit, send, post, share, or advertise or to offer or agree to 160
do the same. 161
(h)(e) "Sadomasochistic abuse" means flagellation or 162
torture by or upon a person, or the condition of being fetter ed, 163
bound, or otherwise physically restrained, for the purpose of 164
deriving sexual satisfaction from inflicting harm on another or 165
receiving such harm oneself. 166
(i)(f) "Sexual battery" means oral, anal, or vaginal 167
penetration by, or union with, the sexual organ of another or 168
the anal or vaginal penetration of another by any other object; 169
however, "sexual battery" does not include an act done for a 170
bona fide medical purpose. 171
(j)(g) "Sexual bestiality" means any sexual act between a 172
person and an animal inv olving the sex organ of the one and the 173
mouth, anus, or vagina of the other. 174
(k)(h) "Sexual conduct" means actual or simulated sexual 175
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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
intercourse, deviate sexual intercourse, sexual bestiality, 176
masturbation, or sadomasochistic abuse; actual or simulated lewd 177
exhibition of the genitals; actual physical contact with a 178
person's clothed or unclothed genitals, pubic area, buttocks, 179
or, if such person is a female, breast, with the intent to 180
arouse or gratify the sexual desire of either party; or any act 181
or conduct which constitutes sexual battery or simulates that 182
sexual battery is being or will be committed. A mother's 183
breastfeeding of her baby does not under any circumstance 184
constitute "sexual conduct." 185
(l)(i) "Sexual performance" means any performance or pa rt 186
thereof which includes sexual conduct by a child of less than 18 187
years of age. 188
(m)(j) "Simulated" means the explicit depiction of conduct 189
set forth in paragraph (k) (h) which creates the appearance of 190
such conduct and which exhibits any uncovered port ion of the 191
breasts, genitals, or buttocks. 192
(2) A person is guilty of the use of a child in a sexual 193
performance if, knowing the character and content thereof, he or 194
she employs, authorizes, or induces a child less than 18 years 195
of age to engage in a sexual performance or, being a parent, 196
legal guardian, or custodian of such child, consents to the 197
participation by such child in a sexual performance. A person 198
who Whoever violates this subsection commits is guilty of a 199
felony of the second degree, punishable as provided in s. 200
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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
775.082, s. 775.083, or s. 775.084. 201
(3) A person is guilty of promoting a sexual performance 202
by a child when, knowing the character and content thereof, he 203
or she produces, directs, or promotes any performance which 204
includes sexual conduct by a child less than 18 years of age . A 205
person who Whoever violates this subsection commits is guilty of 206
a felony of the second degree, punishable as provided in s. 207
775.082, s. 775.083, or s. 775.084. 208
(4) It is unlawful for any person to possess wit h the 209
intent to promote any photograph, motion picture, exhibition, 210
show, representation, or other presentation which, in whole or 211
in part, includes child pornography any sexual conduct by a 212
child. The possession of three or more copies of such 213
photograph, motion picture, representation, or presentation is 214
prima facie evidence of an intent to promote. A person who 215
Whoever violates this subsection commits is guilty of a felony 216
of the second degree, punishable as provided in s. 775.082, s. 217
775.083, or s. 775.084. 218
(5)(a) It is unlawful for any person to knowingly possess, 219
control, or intentionally view a photograph, motion picture, 220
exhibition, show, representation, image, data, computer 221
depiction, or other presentation which, in whole or in part, he 222
or she knows to include child pornography any sexual conduct by 223
a child. The possession, control, or intentional viewing of each 224
such photograph, motion picture, exhibition, show, image, data, 225
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computer depiction, representation, or presentation is a 226
separate offense. If such photograph, motion picture, 227
exhibition, show, representation, image, data, computer 228
depiction, or other presentation includes child pornography 229
sexual conduct by more than one child, then each such child in 230
each such photograph, motion picture, exhibition, show, 231
representation, image, data, computer depiction, or other 232
presentation that is knowingly possessed, controlled, or 233
intentionally viewed is a separate offense. A person who 234
violates this paragraph subsection commits a felony of the third 235
degree, punishable as provided in s. 775.082, s. 775.083, or s. 236
775.084. 237
(b) Paragraph (a) This subsection does not apply to any 238
material possessed, controlled, or intentionally viewed as part 239
of a law enforcement investigation. 240
(6) Prosecution of a any person for an offense under this 241
section does shall not prohibit prosecution of that person in 242
this state for a violation of any other law of this state, 243
including a law providing for greater penalties than prescribed 244
in this section or any other crime pu nishing the sexual 245
performance or the sexual exploitation of children. 246
Section 4. Section 836.13, Florida Statutes, is created to 247
read: 248
836.13 Promotion of an altered sexual depiction; 249
prohibited acts; penalties; applicability. — 250
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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
(1) As used in this section, the term: 251
(a) "Altered sexual depiction" means any visual depiction 252
that, as a result of any type of digital, electronic, 253
mechanical, or other modification, alteration, or adaptation, 254
depicts a realistic version of an identifiable person: 255
1. With the nude body parts of another person as the nude 256
body parts of the identifiable person; 257
2. With computer-generated nude body parts as the nude 258
body parts of the identifiable person; or 259
3. Engaging in sexual conduct as defined in s. 847.001 in 260
which the identifiable person did not engage. 261
(b) "Identifiable person" means a person who is 262
recognizable as an actual person by the person's face, likeness, 263
or other distinguishing characteristic, such as a unique 264
birthmark, or other recognizable feature. 265
(c) "Nude body parts" means the human male or female 266
genitals, pubic area, or buttocks with less than a fully opaque 267
covering; or the female breast with less than a fully opaque 268
covering of any portion thereof below the top of the nipple; or 269
the depiction of covered male genitals in a discernibly turgid 270
state. The term does not under any circumstances include a 271
mother breastfeeding her baby. 272
(d) "Promote" means to procure, manufacture, issue, sell, 273
give, provide, lend, mail, deliver, transfer, transmit, 274
transmute, publish, distribute, circulate, disseminate, present, 275
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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
exhibit, send, post, share, or advertise or to offer or agree to 276
do the same. 277
(e) "Visual depiction" includes, but is not limited to, a 278
photograph, picture, image, motion picture, film, video, or 279
other visual representation. 280
(2) A person who willfully and maliciously promotes an 281
altered sexual depiction of an identifiable pers on, without the 282
consent of the identifiable person, and who knows or reasonably 283
should have known that such visual depiction was an altered 284
sexual depiction, commits a felony of the third degree, 285
punishable as provided in s. 775.082, s. 775.083, or s. 775. 084. 286
(3) Every act, thing, or transaction prohibited by this 287
section constitutes a separate offense and is punishable as 288
such. 289
(4) The presence of a disclaimer within an altered sexual 290
depiction which notifies a viewer that the person or persons 291
depicted did not consent to or participate in the creation or 292
promotion of the material, or that the person or persons 293
depicted did not actually perform the actions portrayed, is not 294
a defense and does not relieve a person of criminal liability 295
under this section. 296
(5) An aggrieved person may initiate a civil action 297
against a person who violates subsection (2) to obtain 298
appropriate relief in order to prevent or remedy a violation of 299
subsection (2), including all of the following: 300
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(a) Injunctive relief. 301
(b) Monetary damages to include $10,000 or actual damages 302
incurred as a result of a violation of subsection (2), whichever 303
is greater. 304
(c) Reasonable attorney fees and costs. 305
(6) The criminal and civil penalties of this section do 306
not apply to: 307
(a) A provider of an interactive computer service as 308
defined in 47 U.S.C. s. 230(f), an information service as 309
defined in 47 U.S.C. s. 153, or a communications service as 310
defined in s. 202.11, which provides the transmission, storage, 311
or caching of: 312
1. Electronic communications or messages of others; 313
2. Another related telecommunications or commercial mobile 314
radio service; or 315
3. Content provided by another person; 316
(b) A law enforcement officer, as defined in s. 943.10(1), 317
or any local, state, federal, or mili tary law enforcement agency 318
that promotes an altered sexual depiction in connection with the 319
performance of his or her duties as a law enforcement officer or 320
the duties of the law enforcement agency; 321
(c) A person reporting unlawful activity; or 322
(d) A person participating in a hearing, trial, or other 323
legal proceeding. 324
(7) A violation of this section is committed within this 325
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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
state if any conduct that is an element of the offense, or any 326
harm to the depicted person resulting from the offense, occurs 327
within this state. 328
Section 5. Section 836.14, Florida Statutes, is created to 329
read: 330
836.14 Unlawfully obtaining, possessing, or promoting a 331
sexually explicit image. — 332
(1) As used in this section, the term: 333
(a) "Identifiable person" has the same meani ng as in s. 334
836.13. 335
(b) "Obtain" means to appropriate to one's own use or to 336
the use of any other person not entitled thereto. 337
(c) "Promote" means to procure, manufacture, issue, sell, 338
give, provide, lend, mail, deliver, transfer, transmit, 339
transmute, publish, distribute, circulate, disseminate, present, 340
exhibit, send, post, share, or advertise or to offer or agree to 341
do the same. 342
(d) "Sexually explicit image" means any image depicting 343
nudity as defined in s. 847.001 or a person engaging in sexual 344
conduct as defined in s. 847.001. 345
(2) A person who willfully obtains with the intent to 346
promote a sexually explicit image of an identifiable person 347
without the identifiable person's authorization commits a felony 348
of the third degree, punishable as provided in s. 775.082, s. 349
775.083, or s. 775.084. 350
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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
(3) A person who possesses a sexually explicit image of an 351
identifiable person with the intent to promote such image for 352
the purpose of pecuniary or any other financial gain without the 353
identifiable person's auth orization commits a felony of the 354
third degree, punishable as provided in s. 775.082, s. 775.083, 355
or s. 775.084. 356
(4) A person who promotes a sexually explicit image of an 357
identifiable person for the purpose of pecuniary or any other 358
financial gain withou t the identifiable person's authorization 359
commits a felony of the second degree, punishable as provided in 360
s. 775.082, s. 775.083, or s. 775.084. 361
(5) Every act, thing, or transaction prohibited by this 362
section constitutes a separate offense and is punish able as 363
such. 364
(6) An aggrieved person may initiate a civil action 365
against a person who violates this section to obtain all 366
appropriate relief in order to prevent or remedy a violation of 367
this section, including the following: 368
(a) Injunctive relief. 369
(b) Monetary damages to include $10,000 or actual damages 370
incurred as a result of a violation of this section, whichever 371
is greater. 372
(c) Reasonable attorney fees and costs. 373
(7) The criminal and civil penalties of this section do 374
not apply to: 375
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(a) A provider of an interactive computer service as 376
defined in 47 U.S.C. s. 230(f), an information service as 377
defined in 47 U.S.C. s. 153, or a communications service as 378
defined in s. 202.11, which provides the transmission, storage, 379
or caching of: electronic c ommunications or messages of others; 380
another related telecommunications or commercial mobile radio 381
service; or content provided by another person; 382
(b) A law enforcement officer, as defined in s. 943.10(1), 383
or any local, state, federal, or military law en forcement agency 384
that promotes a sexually explicit image in connection with the 385
performance of his or her duties as a law enforcement officer or 386
the duties of the law enforcement agency; 387
(c) A person reporting unlawful activity; 388
(d) A person participat ing in a hearing, trial, or other 389
legal proceeding; or 390
(e) A person promoting a sexually explicit image that 391
resulted from the voluntary exposure of the person depicted in a 392
public or commercial setting. 393
(8) A violation of this section is committed wit hin this 394
state if any conduct that is an element of the offense, or any 395
harm to the depicted individual resulting from the offense, 396
occurs within this state. 397
Section 6. Present subsections (7) through (11) and (12) 398
through (20) of section 847.001, Flor ida Statutes, are 399
renumbered as subsections (8) through (12) and (14) through 400
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(22), respectively, subsection (3) and present subsections (8), 401
(16), and (19) of that section, are amended, and new subsections 402
(7) and (13) are added to that section, to read: 403
847.001 Definitions. —As used in this chapter, the term: 404
(3) "Child pornography" means : 405
(a) Any image depicting a minor engaged in sexual conduct ; 406
or 407
(b) Any image that has been created, altered, adapted, or 408
modified by electronic, mechanical, or ot her means, to portray 409
an identifiable minor engaged in sexual conduct . 410
(7) "Identifiable minor" means a person: 411
(a) Who was a minor at the time the image was created, 412
adapted, or modified, or whose image as a minor was used in the 413
creation, adaption, o r modification of the image; and 414
(b) Who is recognizable as an actual person by the 415
person's face, likeness, or other distinguishing characteristic, 416
such as a unique birthmark, or other recognizable feature. 417
418
The term may not be construed to require proo f of the actual 419
identity of the identifiable minor. 420
(9)(8) "Minor" or "child" means any person, whose identity 421
is known or unknown, younger than under the age of 18 years of 422
age. 423
(13) "Promote" means to procure, manufacture, issue, sell, 424
give, provide, lend, mail, deliver, transfer, transmit, 425
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transmute, publish, distribute, circulate, disseminate, present, 426
exhibit, send, post, share, or advertise or to offer or agree to 427
do the same. 428
(18)(16) "Sexual conduct" means actual or simulated sexual 429
intercourse, deviate sexual intercourse, sexual bestiality, 430
masturbation, or sadomasochistic abuse; actual or simulated lewd 431
exhibition of the genitals; actual physical contact with a 432
person's clothed or unclothed genitals, pubic area, buttocks, 433
or, if such person i s a female, breast with the intent to arouse 434
or gratify the sexual desire of either party; or any act or 435
conduct which constitutes sexual battery or simulates that 436
sexual battery is being or will be committed. A mother's 437
breastfeeding of her baby does not under any circumstance 438
constitute "sexual conduct." 439
(21)(19) "Simulated" means the explicit depiction of 440
conduct described in subsection (18) (16) which creates the 441
appearance of such conduct and which exhibits any uncovered 442
portion of the breasts, genit als, or buttocks. 443
Section 7. Subsection (5) of section 847.011, Florida 444
Statutes, is amended to read: 445
847.011 Prohibition of certain acts in connection with 446
obscene, lewd, etc., materials; penalty. — 447
(5)(a)1. A person may not knowingly sell, lend, g ive away, 448
distribute, transmit, show, or transmute; offer to sell, lend, 449
give away, distribute, transmit, show, or transmute; have in his 450
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or her possession, custody, or control with the intent to sell, 451
lend, give away, distribute, transmit, show, or transm ute; or 452
advertise in any manner an obscene, child -like sex doll. 453
2.a. Except as provided in sub -subparagraph b., a person 454
who violates this paragraph commits a felony of the third 455
degree, punishable as provided in s. 775.082, s. 775.083, or s. 456
775.084. 457
b. A person who is convicted of violating this paragraph a 458
second or subsequent time commits a felony of the second degree, 459
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 460
(b)1. Except as provided in subparagraph 2., A person who 461
knowingly has in his or her possession, custody, or control an 462
obscene, child-like sex doll commits a felony misdemeanor of the 463
third first degree, punishable as provided in s. 775.082 , or s. 464
775.083, or 775.084. 465
2. A person who is convicted of violating this paragraph a 466
second or subsequent time commits a felony of the third degree, 467
punishable as provided in s. 775.082 or s. 775.083. 468
Section 8. Subsection (1) of section 847.0137, Florida 469
Statutes, is amended to read: 470
847.0137 Transmission of pornography by electronic device 471
or equipment prohibited; penalties. — 472
(1) As used in this section, the term For purposes of this 473
section: 474
(a) "Minor" means any person less than 18 years of age. 475
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(b) "Transmit" means the act of sending and causing to be 476
delivered, including the act of providing access for receiving 477
and causing to be delivered, any image, information, or data 478
from one or more persons or places to one or more other persons 479
or places over or through any medium, including the Internet or 480
an interconnected network , by use of any electronic equipment or 481
other device. 482
483
The provisions of this section do not apply to subscription -484
based transmissions such as list servers. 485
Section 9. Paragraphs (c), (d), and (e) of subsection (3) 486
of section 921.0022, Florida Statutes, are amended to read: 487
921.0022 Criminal Punishment Code; offense severity 488
ranking chart.— 489
(3) OFFENSE SEVERITY RANKING CHART 490
(c) LEVEL 3 491
492
Florida
Statute
Felony
Degree
Description
493
119.10(2)(b) 3rd Unlawful use of confidential
information from police
reports.
494
316.066 3rd Unlawfully obtaining or using
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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
(3)(b)-(d) confidential crash reports.
495
316.193(2)(b) 3rd Felony DUI, 3rd conviction.
496
316.1935(2) 3rd Fleeing or attempting to elude
law enforcement officer in
patrol vehicle with siren and
lights activated.
497
319.30(4) 3rd Possession by junkyard of motor
vehicle with identification
number plate removed.
498
319.33(1)(a) 3rd Alter or forge any certificate
of title to a motor vehicle or
mobile home.
499
319.33(1)(c) 3rd Procure or pass title on stolen
vehicle.
500
319.33(4) 3rd With intent to defraud,
possess, sell, etc., a blank,
forged, or unlawfully obtained
title or registration.
501
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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
327.35(2)(b) 3rd Felony BUI.
502
328.05(2) 3rd Possess, sell, or counterfeit
fictitious, stolen, or
fraudulent titles or bills of
sale of vessels.
503
328.07(4) 3rd Manufacture, exchange, or
possess vessel with counterfeit
or wrong ID number.
504
376.302(5) 3rd Fraud related to reimbursement
for cleanup expenses under the
Inland Protection Trust Fund.
505
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.
506
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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
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
Act.
507
379.2431
(1)(e)7.
3rd Soliciting to commit or
conspiring to commit a
violation of the Marine Turtle
Protection Act.
508
400.9935(4)(a)
or (b)
3rd Operating a clinic, or offering
services requiring licensure,
without a license.
509
400.9935(4)(e) 3rd Filing a false license
application or other required
information or failing to
report information.
510
440.1051(3) 3rd False report of workers'
compensation fraud or
retaliation for making such a
report.
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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
511
501.001(2)(b) 2nd Tampers with a consumer product
or the container using
materially false/misleading
information.
512
624.401(4)(a) 3rd Transacting insurance without a
certificate of authority.
513
624.401(4)(b)1. 3rd Transacting insurance without a
certificate of authority;
premium collected less than
$20,000.
514
626.902(1)(a) &
(b)
3rd Representing an unauthorized
insurer.
515
697.08 3rd Equity skimming.
516
790.15(3) 3rd Person directs another to
discharge firearm from a
vehicle.
517
806.10(1) 3rd Maliciously injure, destroy, or
interfere with vehicles or
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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
equipment used in firefighting.
518
806.10(2) 3rd Interferes with or assaults
firefighter in performance of
duty.
519
810.09(2)(c) 3rd Trespass on property other than
structure or conveyance armed
with firearm or dangerous
weapon.
520
812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
less than $10,000.
521
812.0145(2)(c) 3rd Theft from person 65 years of
age or older; $300 or more but
less than $10,000.
522
812.015(8)(b) 3rd Retail theft with intent to
sell; conspires with others.
523
812.081(2) 3rd Theft of a trade secret.
524
815.04(5)(b) 2nd Computer offense devised to
defraud or obtain property.
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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
525
817.034(4)(a)3. 3rd Engages in scheme to defraud
(Florida Communications Fraud
Act), property valued at less
than $20,000.
526
817.233 3rd Burning to defraud insurer.
527
817.234
(8)(b) & (c)
3rd Unlawful solicitation of
persons involved in motor
vehicle accidents.
528
817.234(11)(a) 3rd Insurance fraud; property value
less than $20,000.
529
817.236 3rd Filing a false motor vehicle
insurance application.
530
817.2361 3rd Creating, marketing, or
presenting a false or
fraudulent motor vehicle
insurance card.
531
817.413(2) 3rd Sale of used goods of $1,000 or
more as new.
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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
532
817.49(2)(b)1. 3rd Willful making of a false
report of a crime causing great
bodily harm, permanent
disfigurement, or permanent
disability.
533
831.28(2)(a) 3rd Counterfeiting a payment
instrument with intent to
defraud or possessing a
counterfeit payment instrument
with intent to defraud.
534
831.29 2nd Possession of instruments for
counterfeiting driver licenses
or identification cards.
535
836.13(2)
838.021(3)(b)
3rd
3rd
Promoting an altered sexual
depiction.
Threatens unlawful harm to
public servant.
536
843.19 2nd Injure, disable, or kill
police, fire, or SAR canine or
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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
police horse.
537
860.15(3) 3rd Overcharging for repairs and
parts.
538
870.01(2) 3rd Riot.
539
870.01(4) 3rd Inciting a riot.
540
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).
541
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.
542
893.13(1)(f)2. 2nd Sell, manufacture, or deliver
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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
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 public
housing facility.
543
893.13(4)(c) 3rd Use or hire of minor; deliver
to minor other controlled
substances.
544
893.13(6)(a) 3rd Possession of any controlled
substance other than felony
possession of cannabis.
545
893.13(7)(a)8. 3rd Withhold information from
practitioner regarding previous
receipt of or prescription for
a controlled substance.
546
893.13(7)(a)9. 3rd Obtain or attempt to obtain
controlled substance by fraud,
forgery, misrepresentation,
etc.
547
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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
893.13(7)(a)10. 3rd Affix false or forged label to
package of controlled
substance.
548
893.13(7)(a)11. 3rd Furnish false or fraudulent
material information on any
document or record required by
chapter 893.
549
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.
550
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.
551
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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
893.13(8)(a)3. 3rd Knowingly write a prescription
for a controlled substance for
a fictitious person.
552
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.
553
918.13(1)(a) 3rd Alter, destroy, or conceal
investigation evidence.
554
944.47
(1)(a)1. & 2.
3rd Introduce contraband to
correctional facility.
555
944.47(1)(c) 2nd Possess contraband while upon
the grounds of a correctional
institution.
556
985.721 3rd Escapes from a juvenile
facility (secure detention or
residential commitment
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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
facility).
557
(d) LEVEL 4 558
559
Florida
Statute
Felony
Degree
Description
560
316.1935(3)(a) 2nd Driving at high speed or with
wanton disregard for safety
while fleeing or attempting to
elude law enforcement officer
who is in a patrol vehicle with
siren and lights activated.
561
499.0051(1) 3rd Failure to maintain or deliver
transaction history,
transaction information, or
transaction statements.
562
499.0051(5) 2nd Knowing sale or delivery, or
possession with intent to sell,
contraband prescription drugs.
563
517.07(1) 3rd Failure to register securities.
564
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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
517.12(1) 3rd Failure of dealer, associated
person, or issuer of securities
to register.
565
784.07(2)(b) 3rd Battery of law enforcement
officer, firefighter, etc.
566
784.074(1)(c) 3rd Battery of sexually violent
predators facility staff.
567
784.075 3rd Battery on detention or
commitment facility staff.
568
784.078 3rd Battery of facility employee by
throwing, tossing, or expelling
certain fluids or materials.
569
784.08(2)(c) 3rd Battery on a person 65 years of
age or older.
570
784.081(3) 3rd Battery on specified official
or employee.
571
784.082(3) 3rd Battery by detained person on
visitor or other detainee.
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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
572
784.083(3) 3rd Battery on code inspector.
573
784.085 3rd Battery of child by throwing,
tossing, projecting, or
expelling certain fluids or
materials.
574
787.03(1) 3rd Interference with custody;
wrongly takes minor from
appointed guardian.
575
787.04(2) 3rd Take, entice, or remove child
beyond state limits with
criminal intent pending custody
proceedings.
576
787.04(3) 3rd Carrying child beyond state
lines with criminal intent to
avoid producing child at
custody hearing or delivering
to designated person.
577
787.07 3rd Human smuggling.
578
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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
790.115(1) 3rd Exhibiting firearm or weapon
within 1,000 feet of a school.
579
790.115(2)(b) 3rd Possessing electric weapon or
device, destructive device, or
other weapon on school
property.
580
790.115(2)(c) 3rd Possessing firearm on school
property.
581
800.04(7)(c) 3rd Lewd or lascivious exhibition;
offender less than 18 years.
582
806.135 2nd Destroying or demolishing a
memorial or historic property.
583
810.02(4)(a) 3rd Burglary, or attempted
burglary, of an unoccupied
structure; unarmed; no assault
or battery.
584
810.02(4)(b) 3rd Burglary, or attempted
burglary, of an unoccu pied
conveyance; unarmed; no assault
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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
or battery.
585
810.06 3rd Burglary; possession of tools.
586
810.08(2)(c) 3rd Trespass on property, armed
with firearm or dangerous
weapon.
587
812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
or more but less than $20,000.
588
812.014
(2)(c)4.-10.
3rd Grand theft, 3rd degree;
specified items.
589
812.0195(2) 3rd Dealing in stolen property by
use of the Internet; property
stolen $300 or more.
590
817.505(4)(a) 3rd Patient brokering.
591
817.563(1) 3rd Sell or deliver substance other
than controlled substance
agreed upon, excluding s.
893.03(5) drugs.
592
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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
817.568(2)(a) 3rd Fraudulent use of personal
identification information.
593
817.625(2)(a) 3rd Fraudulent use of scanning
device, skimming device, or
reencoder.
594
817.625(2)(c) 3rd Possess, sell, or deliver
skimming device.
595
828.125(1) 2nd Kill, maim, or cause great
bodily harm or permanent
breeding disability to any
registered horse or cattle.
596
836.14(2)
836.14(3)
837.02(1)
3rd
3rd
3rd
Obtaining with intent to
promote a sexually explicit
image without authorization.
Unlawfully possessing a
sexually explicit image with
intent to promote for pecuniary
or any other financial gain.
Perjury in official
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proceedings.
597
837.021(1) 3rd Make contradictory statements
in official proceedings.
598
838.022 3rd Official misconduct.
599
839.13(2)(a) 3rd Falsifying records of an
individual in the care and
custody of a state agency.
600
839.13(2)(c) 3rd Falsifying records of the
Department of Children and
Families.
601
843.021 3rd Possession of a concealed
handcuff key by a person in
custody.
602
843.025 3rd Deprive law enforcement,
correctional, or correctional
probation officer of means of
protection or communication.
603
843.15(1)(a) 3rd Failure to appear while on bail
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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
for felony (bond estreature or
bond jumping).
604
847.0135(5)(c) 3rd Lewd or lascivious exhibition
using computer; offender less
than 18 years.
605
870.01(3) 2nd Aggravated rioting.
606
870.01(5) 2nd Aggravated inciting a riot.
607
874.05(1)(a) 3rd Encouraging or recruiting
another to join a criminal
gang.
608
893.13(2)(a)1. 2nd Purchase of cocaine (or other
s. 893.03(1)(a), (b), or (d),
(2)(a), (2)(b), or (2)(c)5.
drugs).
609
914.14(2) 3rd Witnesses accepting bribes.
610
914.22(1) 3rd Force, threaten, etc., witness,
victim, or informant.
611
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914.23(2) 3rd Retaliation against a witness,
victim, or informant, no bodily
injury.
612
916.1085
(2)(c)1.
3rd Introduction of specified
contraband into certain DCF
facilities.
613
918.12 3rd Tampering with jurors.
614
934.215 3rd Use of two-way communications
device to facilitate commission
of a crime.
615
944.47(1)(a)6. 3rd Introduction of contraband
(cellular telephone or other
portable communication device)
into correctional institution.
616
951.22(1)(h),
(j) & (k)
3rd Intoxicating drug,
instrumentality or other device
to aid escape, or cellular
telephone or other portable
communication device introduced
into county detention facility.
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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
617
(e) LEVEL 5 618
619
Florida
Statute
Felony
Degree
Description
620
316.027(2)(a) 3rd Accidents involving personal
injuries other than serious
bodily injury, failure to stop;
leaving scene.
621
316.1935(4)(a) 2nd Aggravated fleeing or eluding.
622
316.80(2) 2nd Unlawful conveyance of fuel;
obtaining fuel fraudulently.
623
322.34(6) 3rd Careless operation of motor
vehicle with suspended license,
resulting in death or serious
bodily injury.
624
327.30(5) 3rd Vessel accidents involving
personal injury; leaving scene.
625
379.365(2)(c)1. 3rd Violation of rules relating to:
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willful molestation of stone
crab traps, lines, or buoys;
illegal bartering, trading, or
sale, conspiring or aiding in
such barter, trade, or sale, or
supplying, agreeing to supply,
aiding in supplying, or giving
away stone crab trap tags or
certificates; making, altering,
forging, counterfeiting, or
reproducing stone crab trap
tags; possession of forged,
counterfeit, or imitation stone
crab trap tags; and engaging in
the commercial harvest of stone
crabs while license is
suspended or revoked.
626
379.367(4) 3rd Willful molestation of a
commercial harvester's spiny
lobster trap, line, or buoy.
627
379.407(5)(b)3. 3rd Possession of 100 or more
undersized spiny lobsters.
628
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381.0041(11)(b) 3rd Donate blood, plasma, or organs
knowing HIV positive.
629
440.10(1)(g) 2nd Failure to obtain workers'
compensation coverage.
630
440.105(5) 2nd Unlawful solicitation for the
purpose of making workers'
compensation claims.
631
440.381(2) 3rd Submission of false,
misleading, or incomplete
information with the purpose of
avoiding or reducing workers'
compensation premiums.
632
624.401(4)(b)2. 2nd Transacting insurance without a
certificate or authority;
premium collected $20,000 or
more but less than $100,000.
633
626.902(1)(c) 2nd Representing an unauthorized
insurer; repeat offender.
634
790.01(2) 3rd Carrying a concealed firearm.
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635
790.162 2nd Threat to throw or discharge
destructive device.
636
790.163(1) 2nd False report of bomb,
explosive, weapon of mass
destruction, or use of firearms
in violent manner.
637
790.221(1) 2nd Possession of short-barreled
shotgun or machine gun .
638
790.23 2nd Felons in possession of
firearms, ammunition, or
electronic weapons or devices.
639
796.05(1) 2nd Live on earnings of a
prostitute; 1st offense.
640
800.04(6)(c) 3rd Lewd or lascivious conduct;
offender less than 18 years of
age.
641
800.04(7)(b) 2nd Lewd or lascivious exhibition;
offender 18 years of age or
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older.
642
806.111(1) 3rd Possess, manufacture, or
dispense fire bomb with intent
to damage any structure or
property.
643
812.0145(2)(b) 2nd Theft from person 65 years of
age or older; $10,000 or more
but less than $50,000.
644
812.015
(8)(a) & (c)-
(e)
3rd Retail theft; property stolen
is valued at $750 or more and
one or more specified acts.
645
812.019(1) 2nd Stolen property; dealing in or
trafficking in.
646
812.081(3) 2nd Trafficking in trade secrets.
647
812.131(2)(b) 3rd Robbery by sudden snatching.
648
812.16(2) 3rd Owning, operating, or
conducting a chop shop.
649
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817.034(4)(a)2. 2nd Communications fraud, value
$20,000 to $50,000.
650
817.234(11)(b) 2nd Insurance fraud; property value
$20,000 or more but less than
$100,000.
651
817.2341(1),
(2)(a) &
(3)(a)
3rd Filing false financial
statements, making false
entries of material fact or
false statements regarding
property values relating to the
solvency of an insuring entity.
652
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.
653
817.611(2)(a) 2nd Traffic in or possess 5 to 14
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counterfeit credit cards or
related documents.
654
817.625(2)(b) 2nd Second or subsequent fraudulent
use of scanning device,
skimming device, or reencoder.
655
825.1025(4) 3rd Lewd or lascivious exhibition
in the presence of an elderly
person or disabled adult.
656
827.071(4) 2nd Possess with intent to promote
any photographic material,
motion picture, etc., which
includes sexual conduct by a
child pornography.
657
827.071(5) 3rd Possess, control, or
intentionally view any
photographic material, motio n
picture, etc., which includes
sexual conduct by a child
pornography.
658
828.12(2) 3rd Tortures any animal with intent
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to inflict intense pain,
serious physical injury, or
death.
659
836.14(4) 2nd Unlawfully promoting a sexually
explicit image for pecuniary or
any other financial gain.
660
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.
661
843.01 3rd Resist officer with violence to
person; resist arrest with
violence.
662
847.0135(5)(b) 2nd Lewd or lascivious exhibition
using computer; offender 18
years or older.
663
847.0137
(2) & (3)
3rd Transmission of pornography by
electronic device or equipment.
664
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847.0138
(2) & (3)
3rd Transmission of material
harmful to minors to a minor by
electronic device or equipment.
665
874.05(1)(b) 2nd Encouraging or recruiting
another to join a criminal
gang; second or subsequent
offense.
666
874.05(2)(a) 2nd Encouraging or recruiting
person under 13 years of age to
join a criminal gang.
667
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).
668
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)
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within 1,000 feet of a child
care facility, school, or
state, county, or municipal
park or publicly owned
recreational facility or
community center.
669
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.
670
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.
671
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893.13(1)(f)1. 1st Sell, manufacture, or deliver
cocaine (or other s.
893.03(1)(a), (1)(b), (1)(d),
or (2)(a), (2)(b), or (2)(c)5.
drugs) within 1,000 feet of
public housing facility.
672
893.13(4)(b) 2nd Use or hire of minor; deliver
to minor other controlled
substance.
673
893.1351(1) 3rd Ownership, lease, or rental for
trafficking in or manufacturing
of controlled substance.
674
Section 10. Paragraph (j) of subsection (1) of section 675
288.1254, Florida Statutes, is amended to read: 676
288.1254 Entertainment industry financial incentive 677
program.— 678
(1) DEFINITIONS.—As used in this section, the term: 679
(j) "Qualified production" means a production in this 680
state meeting the requirements of this section. The term does 681
not include a production: 682
1. In which, for the first 2 years of the incentive 683
program, less than 50 percent, and thereafter, less than 60 684
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percent, of the positions that make up its production cast and 685
below-the-line production crew, or, in the case of digital media 686
projects, less than 75 percent of such positions, are filled by 687
legal residents of this state, whose residency is d emonstrated 688
by a valid Florida driver license or other state -issued 689
identification confirming residency, or students enrolled full -690
time in a film-and-entertainment-related course of study at an 691
institution of higher education in this state; or 692
2. That contains obscene content as defined in s. 847.001 693
s. 847.001(10). 694
Section 11. Subsection (1) of section 847.0141, Florida 695
Statutes, is amended to read: 696
847.0141 Sexting; prohibited acts; penalties. — 697
(1) A minor commits the offense of sexting if he or she 698
knowingly: 699
(a) Uses a computer, or any other device capable of 700
electronic data transmission or distribution, to transmit or 701
distribute to another minor any photograph or video of any 702
person which depicts nudity, as defined in s. 847.001 s. 703
847.001(9), and is harmful to minors, as defined in s. 847.001 704
s. 847.001(6). 705
(b) Possesses a photograph or video of any person that was 706
transmitted or distributed by another minor which depicts 707
nudity, as defined in s. 847.001 s. 847.001(9), and is harmful 708
to minors, as defined in s. 847.001 s. 847.001(6). A minor does 709
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not violate this paragraph if all of the following apply: 710
1. The minor did not solicit the photograph or video. 711
2. The minor took reasonable steps to report the 712
photograph or video to the minor 's legal guardian or to a school 713
or law enforcement official. 714
3. The minor did not transmit or distribute the photograph 715
or video to a third party. 716
Section 12. This act shall take effect October 1, 2022. 717