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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 the theft of a 17
sexually explicit image; prohibiting the willful 18
possession or promotion of a stolen sexually explicit 19
image with specified intent; providing criminal 20
penalties; providing a civil cause of action; 21
providing applicability; pr oviding construction; 22
amending s. 847.001, F.S.; revising definitions; 23
defining the terms "identifiable minor" and "promote"; 24
amending s. 847.011, F.S.; increasing a penalty 25
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relating to child-like sex dolls; amending s. 26
847.0137, F.S.; deleting the definit ion of the term 27
"minor"; redefining the term "transmit"; amending s. 28
921.0022, F.S.; ranking offenses created by this act 29
on the Criminal Punishment Code offense severity 30
ranking chart; conforming provisions to changes made 31
by the act; amending ss. 288.125 4 and 847.0141, F.S.; 32
conforming cross-references; providing an effective 33
date. 34
35
Be It Enacted by the Legislature of the State of Florida: 36
37
Section 1. Section 775.0847, Florida Statutes, is amended 38
to read: 39
775.0847 Possession or promotion of cer tain images of 40
child pornography; reclassification. — 41
(1) For purposes of this section: 42
(a) "Child" or "minor" means any person, whose identity is 43
known or unknown, younger less than 18 years of age. 44
(b) "Child pornography" means : 45
1. Any image depicting a minor engaged in sexual conduct ; 46
or 47
2. Any image that has been created, altered, adapted, or 48
modified by electronic, mechanical, or other means, to portray 49
an identifiable minor engaged in sexual conduct . 50
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(c) "Identifiable minor" means a person: 51
1. Who was a minor at the time the image was created, 52
altered, adapted, or modified, or whose image as a minor was 53
used in the creation, alteration, adaptation, or modification of 54
the image; and 55
2. Who is recognizable as an actual person by the person 's 56
face, likeness, or other distinguishing characteristic, such as 57
a unique birthmark, or other recognizable feature. 58
59
The term may not be construed to require proof of the actual 60
identity of the identifiable minor. 61
(d)(c) "Sadomasochistic abuse" means f lagellation or 62
torture by or upon a person or the condition of being fettered, 63
bound, or otherwise physically restrained, for the purpose of 64
deriving sexual satisfaction, or satisfaction brought about as a 65
result of sadistic violence, from inflicting harm on another or 66
receiving such harm oneself. 67
(e)(d) "Sexual battery" means oral, anal, or vaginal 68
penetration by, or union with, the sexual organ of another or 69
the anal or vaginal penetration of another by any other object; 70
however, sexual battery does not include an act done for a bona 71
fide medical purpose. 72
(f)(e) "Sexual bestiality" means any sexual act, actual or 73
simulated, between a person and an animal involving the sex 74
organ of the one and the mouth, anus, or vagina of the other. 75
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(g)(f) "Sexual conduct" means actual or simulated sexual 76
intercourse, deviate sexual intercourse, sexual bestiality, 77
masturbation, or sadomasochistic abuse; actual or simulated lewd 78
exhibition of the genitals; actual physical contact with a 79
person's clothed or unclothed genitals, pubic area, buttocks, 80
or, if such person i s a female, breast with the intent to arouse 81
or gratify the sexual desire of either party; or any act or 82
conduct which constitutes sexual battery or simulates that 83
sexual battery is being or will be committed. A mother's 84
breastfeeding of her baby does not under any circumstance 85
constitute "sexual conduct." 86
(2) A violation of s. 827.071, s. 847.0135, s. 847.0137, 87
or s. 847.0138 shall be reclassified to the next higher degree 88
as provided in subsection (3) if: 89
(a) The offender possesses 10 or more images o f any form 90
of child pornography regardless of content; and 91
(b) The content of at least one image contains one or more 92
of the following: 93
1. A child who is younger than the age of 5. 94
2. Sadomasochistic abuse involving a child. 95
3. Sexual battery invol ving a child. 96
4. Sexual bestiality involving a child. 97
5. Any motion picture, film, video, or computer -generated 98
motion picture, film, or video movie involving a child, 99
regardless of length and regardless of whether the motion 100
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picture, film, video, or c omputer-generated motion picture, 101
film, or video movie contains sound. 102
(3)(a) In the case of a felony of the third degree, the 103
offense is reclassified to a felony of the second degree. 104
(b) In the case of a felony of the second degree, the 105
offense is reclassified to a felony of the first degree. 106
107
For purposes of sentencing under chapter 921 and determining 108
incentive gain-time eligibility under chapter 944, a felony 109
offense that is reclassified under this section is ranked one 110
level above the ranking unde r s. 921.0022 or s. 921.0023 of the 111
offense committed. 112
Section 2. Paragraph (b) of subsection (5) of section 113
784.049, Florida Statutes, is amended to read: 114
784.049 Sexual cyberharassment. — 115
(5) An aggrieved person may initiate a civil action 116
against a person who violates this section to obtain all 117
appropriate relief in order to prevent or remedy a violation of 118
this section, including the following: 119
(b) Monetary damages to include $10,000 $5,000 or actual 120
damages incurred as a result of a violation of this section, 121
whichever is greater. 122
Section 3. Section 827.071, Florida Statutes, is amended 123
to read: 124
827.071 Sexual performance by a child; child pornography; 125
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penalties.— 126
(1) As used in this section, the following definitions 127
shall apply: 128
(a) "Child" or "minor" means any person, whose identity is 129
known or unknown, younger than 18 years of age. 130
(b) "Child pornography" means: 131
1. Any image depicting a minor engaged in sexual conduct; 132
or 133
2. Any image that has been created, altered, adapted, or 134
modified by electronic, mechanical, or other means, to portray 135
an identifiable minor engaged in sexual conduct. 136
(c)(a) "Deviate sexual intercourse" means sexual conduct 137
between persons not married to each other consisting of contact 138
between the penis and the anus, the mouth and the penis, or the 139
mouth and the vulva. 140
(d) "Identifiable minor" means a person: 141
1. Who was a minor at the time the image was created, 142
altered, adapted, or modified, or whose image as a minor was 143
used in the creation, alteration, adaptation, or modification of 144
the image; and 145
2. Who is recognizable as an actual person by the person's 146
face, likeness, or other distinguishing characteristic, such as 147
a unique birthmark, or other recognizable feature. 148
149
The term may not be c onstrued to require proof of the actual 150
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identity of the identifiable minor. 151
(e)(b) "Intentionally view" means to deliberately, 152
purposefully, and voluntarily view. Proof of intentional viewing 153
requires establishing more than a single image, motion picture , 154
exhibition, show, image, data, computer depiction, 155
representation, or other presentation over any period of time. 156
(f)(c) "Performance" means any play, motion picture, 157
photograph, or dance or any other visual representation 158
exhibited before an audience. 159
(g)(d) "Promote" means to procure, manufacture, issue, 160
sell, give, provide, lend, mail, deliver, transfer, transmit, 161
transmute, publish, distribute, circulate, disseminate, present, 162
exhibit, send, post, share, or advertise or to offer or agree to 163
do the same. 164
(h)(e) "Sadomasochistic abuse" means flagellation or 165
torture by or upon a person, or the condition of being fettered, 166
bound, or otherwise physically restrained, for the purpose of 167
deriving sexual satisfaction from inflicting harm on another or 168
receiving such harm oneself. 169
(i)(f) "Sexual battery" means oral, anal, or vaginal 170
penetration by, or union with, the sexual organ of another or 171
the anal or vaginal penetration of another by any other object; 172
however, "sexual battery" does not include an act done for a 173
bona fide medical purpose. 174
(j)(g) "Sexual bestiality" means any sexual act between a 175
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person and an animal involving the sex organ of the one and the 176
mouth, anus, or vagina of the other. 177
(k)(h) "Sexual conduct" means actual or simulated sexu al 178
intercourse, deviate sexual intercourse, sexual bestiality, 179
masturbation, or sadomasochistic abuse; actual or simulated lewd 180
exhibition of the genitals; actual physical contact with a 181
person's clothed or unclothed genitals, pubic area, buttocks, 182
or, if such person is a female, breast, with the intent to 183
arouse or gratify the sexual desire of either party; or any act 184
or conduct which constitutes sexual battery or simulates that 185
sexual battery is being or will be committed. A mother's 186
breastfeeding of her baby does not under any circumstance 187
constitute "sexual conduct." 188
(l)(i) "Sexual performance" means any performance or part 189
thereof which includes sexual conduct by a child of less than 18 190
years of age. 191
(m)(j) "Simulated" means the explicit depiction o f conduct 192
set forth in paragraph (k) (h) which creates the appearance of 193
such conduct and which exhibits any uncovered portion of the 194
breasts, genitals, or buttocks. 195
(2) A person is guilty of the use of a child in a sexual 196
performance if, knowing the cha racter and content thereof, he or 197
she employs, authorizes, or induces a child less than 18 years 198
of age to engage in a sexual performance or, being a parent, 199
legal guardian, or custodian of such child, consents to the 200
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participation by such child in a sexua l performance. A person 201
who Whoever violates this subsection commits is guilty of a 202
felony of the second degree, punishable as provided in s. 203
775.082, s. 775.083, or s. 775.084. 204
(3) A person is guilty of promoting a sexual performance 205
by a child when, knowing the character and content thereof, he 206
or she produces, directs, or promotes any performance which 207
includes sexual conduct by a child less than 18 years of age . A 208
person who Whoever violates this subsection commits is guilty of 209
a felony of the second degree, punishable as provided in s. 210
775.082, s. 775.083, or s. 775.084. 211
(4) It is unlawful for any person to possess with the 212
intent to promote any photograph, motion picture, exhibition, 213
show, representation, or other presentation which, in whole or 214
in part, includes child pornography any sexual conduct by a 215
child. The possession of three or more copies of such 216
photograph, motion picture, representation, or presentation is 217
prima facie evidence of an intent to promote. A person who 218
Whoever violates this subsection commits is guilty of a felony 219
of the second degree, punishable as provided in s. 775.082, s. 220
775.083, or s. 775.084. 221
(5)(a) It is unlawful for any person to knowingly possess, 222
control, or intentionally view a photograph, motion picture, 223
exhibition, show, representation, image, data, computer 224
depiction, or other presentation which, in whole or in part, he 225
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or she knows to include child pornography any sexual conduct by 226
a child. The possession, control, or intentional viewing of each 227
such photograph, motion picture, exhibition, show, image, data, 228
computer depiction, representation, or presentation is a 229
separate offense. If such photograph, motion picture, 230
exhibition, show, representation, image, data, computer 231
depiction, or other presentation inclu des child pornography 232
depicting sexual conduct by more than one child, then each such 233
child in each such photograph, motion picture, exhibition, show, 234
representation, image, data, computer depiction, or other 235
presentation that is knowingly possessed, contr olled, or 236
intentionally viewed is a separate offense. A person who 237
violates this paragraph subsection commits a felony of the third 238
degree, punishable as provided in s. 775.082, s. 775.083, or s. 239
775.084. 240
(b) Paragraph (a) This subsection does not apply to any 241
material possessed, controlled, or intentionally viewed as part 242
of a law enforcement investigation. 243
(6) Prosecution of a any person for an offense under this 244
section does shall not prohibit prosecution of that person in 245
this state for a violation of any other law of this state, 246
including a law providing for greater penalties than prescribed 247
in this section or any other crime punishing the sexual 248
performance or the sexual exploit ation of children. 249
Section 4. Section 836.13, Florida Statutes, is created to 250
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read: 251
836.13 Promotion of an altered sexual depiction; 252
prohibited acts; penalties; applicability. — 253
(1) As used in this section, the term: 254
(a) "Altered sexual depiction" means any visual depiction 255
that, as a result of any type of digital, electronic, 256
mechanical, or other modification, alteration, or adaptation, 257
depicts a realistic version of an identifiable person: 258
1. With the nude body parts of another person as the nu de 259
body parts of the identifiable person; 260
2. With computer-generated nude body parts as the nude 261
body parts of the identifiable person; or 262
3. Engaging in sexual conduct as defined in s. 847.001 in 263
which the identifiable person did not engage. 264
(b) "Identifiable person" means a person who is 265
recognizable as an actual person by the person's face, likeness, 266
or other distinguishing characteristic, such as a unique 267
birthmark, or other recognizable feature. 268
(c) "Nude body parts" means the human male or fem ale 269
genitals, pubic area, or buttocks with less than a fully opaque 270
covering; or the female breast with less than a fully opaque 271
covering of any portion thereof below the top of the nipple; or 272
the depiction of covered male genitals in a discernibly turgid 273
state. The term does not under any circumstances include a 274
mother breastfeeding her baby. 275
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(d) "Promote" means to issue, sell, give, provide, lend, 276
mail, deliver, transfer, transmit, transmute, publish, 277
distribute, circulate, disseminate, present, exhibit , send, 278
post, share, or advertise or to offer or agree to do the same. 279
(e) "Visual depiction" includes, but is not limited to, a 280
photograph, picture, image, motion picture, film, video, or 281
other visual representation. 282
(2) A person who willfully and maliciously promotes an 283
altered sexual depiction of an identifiable person, without the 284
consent of the identifiable person, and who knows or reasonably 285
should have known that such visual depiction was an altered 286
sexual depiction, commits a felony of the th ird degree, 287
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 288
(3) Every act, thing, or transaction prohibited by this 289
section constitutes a separate offense and is punishable as 290
such. 291
(4) The presence of a disclaimer within an altered se xual 292
depiction which notifies a viewer that the person or persons 293
depicted did not consent to or participate in the creation or 294
promotion of the material, or that the person or persons 295
depicted did not actually perform the actions portrayed, is not 296
a defense and does not relieve a person of criminal liability 297
under this section. 298
(5) An aggrieved person may initiate a civil action 299
against a person who violates subsection (2) to obtain 300
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appropriate relief in order to prevent or remedy a violation of 301
subsection (2), including all of the following: 302
(a) Injunctive relief. 303
(b) Monetary damages to include $10,000 or actual damages 304
incurred as a result of a violation of subsection (2), whichever 305
is greater. 306
(c) Reasonable attorney fees and costs. 307
(6) The criminal and civil penalties of this section do 308
not apply to: 309
(a) A provider of an interactive computer service as 310
defined in 47 U.S.C. s. 230(f), an information service as 311
defined in 47 U.S.C. s. 153, or a communications service as 312
defined in s. 202.11, w hich provides the transmission, storage, 313
or caching of: 314
1. Electronic communications or messages of others; 315
2. Another related telecommunications or commercial mobile 316
radio service; or 317
3. Content provided by another person; 318
(b) A law enforcement of ficer, as defined in s. 943.10(1), 319
or any local, state, federal, or military law enforcement agency 320
that promotes an altered sexual depiction in connection with the 321
performance of his or her duties as a law enforcement officer or 322
the duties of the law enfo rcement agency; 323
(c) A person reporting unlawful activity; or 324
(d) A person participating in a hearing, trial, or other 325
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legal proceeding. 326
(7) A violation of this section is committed within this 327
state if any conduct that is an element of the offense, o r any 328
harm to the depicted person resulting from the offense, occurs 329
within this state. 330
(8) Prosecution of a person for an offense under this 331
section does not prohibit prosecution of that person in this 332
state for a violation of any other law of this stat e, including 333
a law providing for greater penalties than prescribed in this 334
section or any other crime related to child pornography or the 335
sexual performance or the sexual exploitation of children. 336
Section 5. Section 836.14, Florida Statutes, is created to 337
read: 338
836.14 Theft or unauthorized possession or promotion of a 339
sexually explicit image. — 340
(1) As used in this section, the term: 341
(a) "Identifiable person" has the same meaning as in s. 342
836.13. 343
(b) "Promote" has the same meaning as in s. 836.13. 344
(c) "Sexually explicit image" means any image depicting an 345
identifiable person portraying nudity as defined in s. 847.001 346
or an identifiable person engaging in sexual conduct as defined 347
in s. 847.001. 348
(2) A person who commits theft, in violation of s. 349
812.014, of a sexually explicit image commits a felony of the 350
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third degree, punishable as provided in s. 775.082, s. 775.083, 351
or s. 775.084. 352
(3) A person who willfully possesses with the intent to 353
promote a sexually explicit image for the purpose of pec uniary 354
or any other financial gain, when he or she knows or should have 355
known the image was obtained in violation of subsection (2), 356
commits a felony of the third degree, punishable as provided in 357
s. 775.082, s. 775.083, or s. 775.084. 358
(4) A person who willfully promotes a sexually explicit 359
image for the purpose of pecuniary or any other financial gain, 360
when he or she knows or should have known the image was obtained 361
in violation of subsection (2), commits a felony of the second 362
degree, punishable as prov ided in s. 775.082, s. 775.083, or s. 363
775.084. 364
(5) Every act, thing, or transaction prohibited by this 365
section constitutes a separate offense and is punishable as 366
such. 367
(6) An aggrieved person may initiate a civil action 368
against a person who violates t his section to obtain all 369
appropriate relief in order to prevent or remedy a violation of 370
this section, including the following: 371
(a) Injunctive relief. 372
(b) Monetary damages to include $10,000 or actual damages 373
incurred as a result of a violation of this section, whichever 374
is greater. 375
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(c) Reasonable attorney fees and costs. 376
(7) The criminal and civil penalties of this section do 377
not apply to: 378
(a) A provider of an interactive computer service as 379
defined in 47 U.S.C. s. 230(f), an information service as 380
defined in 47 U.S.C. s. 153, or a communications service as 381
defined in s. 202.11, which provides the transmission, storage, 382
or caching of: 383
1. Electronic communications or messages of others; 384
2. Another related telecommunications or commercial mobile 385
radio service; or 386
3. Content provided by another person; 387
(b) A law enforcement officer, as defined in s. 943.10(1), 388
or any local, state, fede ral, or military law enforcement agency 389
that promotes a sexually explicit image in connection with the 390
performance of his or her duties as a law enforcement officer or 391
the duties of the law enforcement agency; 392
(c) A person reporting unlawful activity; 393
(d) A person participating in a hearing, trial, or other 394
legal proceeding; 395
(e) Sexually explicit images that resulted from the 396
voluntary exposure of the person depicted in a public or 397
commercial setting; or 398
(f) A bona fide news media organization posse ssing or 399
promoting a sexually explicit image for a legitimate and 400
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newsworthy purpose. 401
(8) A violation of this section is committed within this 402
state if any conduct that is an element of the offense, or any 403
harm to the depicted individual resulting from t he offense, 404
occurs within this state. 405
(9) Prosecution of a person for an offense under this 406
section does not prohibit prosecution of that person in this 407
state for a violation of any other law of this state, including 408
a law providing for greater penalties than prescribed in this 409
section or any other crime related to child pornography or the 410
sexual performance or the sexual exploitation of children. 411
Section 6. Present subsections (7) through (11) and (12) 412
through (20) of section 847.001, Florida Statute s, are 413
renumbered as subsections (8) through (12) and (14) through 414
(22), respectively, subsection (3) and present subsections (8), 415
(16), and (19) of that section, are amended, and new subsections 416
(7) and (13) are added to that section, to read: 417
847.001 Definitions.—As used in this chapter, the term: 418
(3) "Child pornography" means : 419
(a) Any image depicting a minor engaged in sexual conduct ; 420
or 421
(b) Any image that has been created, altered, adapted, or 422
modified by electronic, mechanical, or other means, to portray 423
an identifiable minor engaged in sexual conduct . 424
(7) "Identifiable minor" means a person: 425
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(a) Who was a minor at the time the image was created, 426
altered, adapted, or modified, or whose image as a minor was 427
used in the creation, alteration, a daptation, or modification of 428
the image; and 429
(b) Who is recognizable as an actual person by the 430
person's face, likeness, or other distinguishing characteristic, 431
such as a unique birthmark, or other recognizable feature. 432
433
The term may not be construed to require proof of the actual 434
identity of the identifiable minor. 435
(9)(8) "Minor" or "child" means any person, whose identity 436
is known or unknown, younger than under the age of 18 years of 437
age. 438
(13) "Promote" means to procure, manufacture, issue, sell, 439
give, provide, lend, mail, deliver, transfer, transmit, 440
transmute, publish, distribute, circulate, disseminate, present, 441
exhibit, send, post, share, or advertise or to offer or agree to 442
do the same. 443
(18)(16) "Sexual conduct" means actual or simulated sexua l 444
intercourse, deviate sexual intercourse, sexual bestiality, 445
masturbation, or sadomasochistic abuse; actual or simulated lewd 446
exhibition of the genitals; actual physical contact with a 447
person's clothed or unclothed genitals, pubic area, buttocks, 448
or, if such person is a female, breast with the intent to arouse 449
or gratify the sexual desire of either party; or any act or 450
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conduct which constitutes sexual battery or simulates that 451
sexual battery is being or will be committed. A mother's 452
breastfeeding of her ba by does not under any circumstance 453
constitute "sexual conduct." 454
(21)(19) "Simulated" means the explicit depiction of 455
conduct described in subsection (18) (16) which creates the 456
appearance of such conduct and which exhibits any uncovered 457
portion of the breasts, genitals, or buttocks. 458
Section 7. Subsection (5) of section 847.011, Florida 459
Statutes, is amended to read: 460
847.011 Prohibition of certain acts in connection with 461
obscene, lewd, etc., materials; penalty. — 462
(5)(a)1. A person may not knowingly sell, lend, give away, 463
distribute, transmit, show, or transmute; offer to sell, lend, 464
give away, distribute, transmit, show, or transmute; have in his 465
or her possession, custody, or control with the intent to sell, 466
lend, give away, distribute, transmit, sh ow, or transmute; or 467
advertise in any manner an obscene, child -like sex doll. 468
2.a. Except as provided in sub -subparagraph b., a person 469
who violates this paragraph commits a felony of the third 470
degree, punishable as provided in s. 775.082, s. 775.083, or s. 471
775.084. 472
b. A person who is convicted of violating this paragraph a 473
second or subsequent time commits a felony of the second degree, 474
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 475
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(b)1. Except as provided in subparagraph 2., A person who 476
knowingly has in his or her possession, custody, or control an 477
obscene, child-like sex doll commits a felony misdemeanor of the 478
third first degree, punishable as provided in s. 775.082 , or s. 479
775.083, or 775.084. 480
2. A person who is convicted of vi olating this paragraph a 481
second or subsequent time commits a felony of the third degree, 482
punishable as provided in s. 775.082 or s. 775.083. 483
Section 8. Subsection (1) of section 847.0137, Florida 484
Statutes, is amended to read: 485
847.0137 Transmission of pornography by electronic device 486
or equipment prohibited; penalties. — 487
(1) As used in this section, the term For purposes of this 488
section: 489
(a) "Minor" means any person less than 18 years of age. 490
(b) "Transmit" means the act of sending and causing to be 491
delivered, including the act of providing access for receiving 492
and causing to be delivered, any image, information, or data 493
from one or more persons or places to one or more other persons 494
or places over or through any medium, including the Internet or 495
an interconnected network , by use of any electronic equipment or 496
other device. 497
498
The provisions of this section do not apply to subscription -499
based transmissions such as list servers. 500
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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
Section 9. Paragraphs (c), (d), and (e) of subsection (3) 501
of section 921.0022, Florida Statutes, are amended to read: 502
921.0022 Criminal Punishment Code; offense severity 503
ranking chart.— 504
(3) OFFENSE SEVERITY RANKING CHART 505
(c) LEVEL 3 506
507
Florida
Statute
Felony
Degree
Description
508
119.10(2)(b) 3rd Unlawful use of confidential
information from police
reports.
509
316.066
(3)(b)-(d)
3rd Unlawfully obtaining or using
confidential crash reports.
510
316.193(2)(b) 3rd Felony DUI, 3rd conviction.
511
316.1935(2) 3rd Fleeing or attempting to elude
law enforcement officer in
patrol vehicle with siren and
lights activated.
512
319.30(4) 3rd Possession by junkyard of motor
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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
vehicle with identification
number plate removed.
513
319.33(1)(a) 3rd Alter or forge any certificate
of title to a motor vehicle or
mobile home.
514
319.33(1)(c) 3rd Procure or pass title on stolen
vehicle.
515
319.33(4) 3rd With intent to defraud,
possess, sell, etc., a blank,
forged, or unlawfully obtained
title or registration.
516
327.35(2)(b) 3rd Felony BUI.
517
328.05(2) 3rd Possess, sell, or counterfeit
fictitious, stolen, or
fraudulent titles or bills of
sale of vessels.
518
328.07(4) 3rd Manufacture, exchange, or
possess vessel with counterfeit
or wrong ID number.
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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
519
376.302(5) 3rd Fraud related to reimbursement
for cleanup expenses under the
Inland Protection Trust Fund.
520
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.
521
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.
522
379.2431
(1)(e)7.
3rd Soliciting to commit or
conspiring to commit a
violation of the Marine Turtle
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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
Protection Act.
523
400.9935(4)(a)
or (b)
3rd Operating a clinic, or offering
services requiring licensure,
without a license.
524
400.9935(4)(e) 3rd Filing a false license
application or other required
information or failing to
report information.
525
440.1051(3) 3rd False report of workers'
compensation fraud or
retaliation for making such a
report.
526
501.001(2)(b) 2nd Tampers with a consumer product
or the container using
materially false/misleading
information.
527
624.401(4)(a) 3rd Transacting insurance without a
certificate of authority.
528
624.401(4)(b)1. 3rd Transacting insurance without a
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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
certificate of authority;
premium collected less than
$20,000.
529
626.902(1)(a) &
(b)
3rd Representing an unauthorized
insurer.
530
697.08 3rd Equity skimming.
531
790.15(3) 3rd Person directs another to
discharge firearm from a
vehicle.
532
806.10(1) 3rd Maliciously injure, destroy, or
interfere with vehicles or
equipment used in firefighting.
533
806.10(2) 3rd Interferes with or assaults
firefighter in performance of
duty.
534
810.09(2)(c) 3rd Trespass on property other than
structure or conveyance armed
with firearm or dangerous
weapon.
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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
535
812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
less than $10,000.
536
812.0145(2)(c) 3rd Theft from person 65 years of
age or older; $300 or more but
less than $10,000.
537
812.015(8)(b) 3rd Retail theft with intent to
sell; conspires with others.
538
812.081(2) 3rd Theft of a trade secret.
539
815.04(5)(b) 2nd Computer offense devised to
defraud or obtain property.
540
817.034(4)(a)3. 3rd Engages in scheme to defraud
(Florida Communications Fraud
Act), property valued at less
than $20,000.
541
817.233 3rd Burning to defraud insurer.
542
817.234
(8)(b) & (c)
3rd Unlawful solicitation of
persons involved in motor
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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
vehicle accidents.
543
817.234(11)(a) 3rd Insurance fraud; property value
less than $20,000.
544
817.236 3rd Filing a false motor vehicle
insurance application.
545
817.2361 3rd Creating, marketing, or
presenting a false or
fraudulent motor vehicle
insurance card.
546
817.413(2) 3rd Sale of used goods of $1,000 or
more as new.
547
817.49(2)(b)1. 3rd Willful making of a false
report of a crime causing great
bodily harm, permanent
disfigurement, or permanent
disability.
548
831.28(2)(a) 3rd Counterfeiting a payment
instrument with intent to
defraud or possessing a
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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
counterfeit payment instrument
with intent to defraud.
549
831.29 2nd Possession of instruments for
counterfeiting driver licenses
or identification cards.
550
836.13(2) 3rd Promoting an altered sexual
depiction.
551
838.021(3)(b) 3rd Threatens unlawful harm to
public servant.
552
843.19 2nd Injure, disable, or kill
police, fire, or SAR canine or
police horse.
553
860.15(3) 3rd Overcharging for repairs and
parts.
554
870.01(2) 3rd Riot.
555
870.01(4) 3rd Inciting a riot.
556
893.13(1)(a)2. 3rd 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
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).
557
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.
558
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
within 1,000 feet of public
housing facility.
559
893.13(4)(c) 3rd Use or hire of minor; deliver
to minor other controlled
substances.
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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
560
893.13(6)(a) 3rd Possession of any controlled
substance other than felony
possession of cannabis.
561
893.13(7)(a)8. 3rd Withhold information from
practitioner regarding previous
receipt of or prescription for
a controlled substance.
562
893.13(7)(a)9. 3rd Obtain or attempt to obtain
controlled substance by fraud,
forgery, misrepresentation,
etc.
563
893.13(7)(a)10. 3rd Affix false or forged label to
package of controlled
substance.
564
893.13(7)(a)11. 3rd Furnish false or fraudulent
material information on any
document or record required by
chapter 893.
565
893.13(8)(a)1. 3rd Knowingly assist a patient,
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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
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.
566
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.
567
893.13(8)(a)3. 3rd Knowingly write a prescription
for a controlled substance for
a fictitious person.
568
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
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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
practitioner.
569
918.13(1)(a) 3rd Alter, destroy, or conceal
investigation evidence.
570
944.47
(1)(a)1. & 2.
3rd Introduce contraband to
correctional facility.
571
944.47(1)(c) 2nd Possess contraband while upon
the grounds of a correctional
institution.
572
985.721 3rd Escapes from a juvenile
facility (secure detention or
residential commitment
facility).
573
(d) LEVEL 4 574
575
Florida
Statute
Felony
Degree
Description
576
316.1935(3)(a) 2nd Driving at high speed or with
wanton disregard for safety
while fleeing or attempting to
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elude law enforcement officer
who is in a patrol vehicle with
siren and lights activated.
577
499.0051(1) 3rd Failure to maintain or deliver
transaction history,
transaction information, or
transaction statements.
578
499.0051(5) 2nd Knowing sale or delivery, or
possession with intent to sell,
contraband prescription drugs.
579
517.07(1) 3rd Failure to register securities.
580
517.12(1) 3rd Failure of dealer, associated
person, or issuer of securities
to register.
581
784.07(2)(b) 3rd Battery of law enforcement
officer, firefighter, etc.
582
784.074(1)(c) 3rd Battery of sexually violent
predators facility staff.
583
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784.075 3rd Battery on detention or
commitment facility staff.
584
784.078 3rd Battery of facility employee by
throwing, tossing, or expelling
certain fluids or materials.
585
784.08(2)(c) 3rd Battery on a person 65 years of
age or older.
586
784.081(3) 3rd Battery on specified official
or employee.
587
784.082(3) 3rd Battery by detained person on
visitor or other detainee.
588
784.083(3) 3rd Battery on code inspector.
589
784.085 3rd Battery of child by throwing,
tossing, projecting, or
expelling certain fluids or
materials.
590
787.03(1) 3rd Interference with custody;
wrongly takes minor from
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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
appointed guardian.
591
787.04(2) 3rd Take, entice, or remove child
beyond state limits with
criminal intent pending custody
proceedings.
592
787.04(3) 3rd Carrying child beyond state
lines with criminal intent to
avoid producing child at
custody hearing or delivering
to designated person.
593
787.07 3rd Human smuggling.
594
790.115(1) 3rd Exhibiting firearm or weapon
within 1,000 feet of a school.
595
790.115(2)(b) 3rd Possessing electric weapon or
device, destructive device, or
other weapon on school
property.
596
790.115(2)(c) 3rd Possessing firearm on school
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
597
800.04(7)(c) 3rd Lewd or lascivious exhibition;
offender less than 18 years.
598
806.135 2nd Destroying or demolishing a
memorial or historic property.
599
810.02(4)(a) 3rd Burglary, or attempted
burglary, of an unoccupied
structure; unarmed; no assault
or battery.
600
810.02(4)(b) 3rd Burglary, or attempted
burglary, of an unoccupied
conveyance; unarmed; no assault
or battery.
601
810.06 3rd Burglary; possession of tools.
602
810.08(2)(c) 3rd Trespass on property, armed
with firearm or dangerous
weapon.
603
812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
or more but 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
604
812.014
(2)(c)4.-10.
3rd Grand theft, 3rd degree;
specified items.
605
812.0195(2) 3rd Dealing in stolen property by
use of the Internet; property
stolen $300 or more.
606
817.505(4)(a) 3rd Patient brokering.
607
817.563(1) 3rd Sell or deliver substance other
than controlled substance
agreed upon, excluding s.
893.03(5) drugs.
608
817.568(2)(a) 3rd Fraudulent use of personal
identification information.
609
817.625(2)(a) 3rd Fraudulent use of scanning
device, skimming device, or
reencoder.
610
817.625(2)(c) 3rd Possess, sell, or deliver
skimming device.
611
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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
828.125(1) 2nd Kill, maim, or cause great
bodily harm or permanent
breeding disability to any
registered horse or cattle.
612
836.14(2) 3rd Theft of a sexually explicit
image.
613
836.14(3) 3rd Willful possession of a stolen
sexually explicit image with
intent to promote for pecuniary
or any other financial gain.
614
837.02(1) 3rd Perjury in official
proceedings.
615
837.021(1) 3rd Make contradictory statements
in official proceedings.
616
838.022 3rd Official misconduct.
617
839.13(2)(a) 3rd Falsifying records of an
individual in the care and
custody of a state agency.
618
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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
839.13(2)(c) 3rd Falsifying records of the
Department of Children and
Families.
619
843.021 3rd Possession of a concealed
handcuff key by a person in
custody.
620
843.025 3rd Deprive law enforcement,
correctional, or correctional
probation officer of means of
protection or communication.
621
843.15(1)(a) 3rd Failure to appear while on bail
for felony (bond estreature or
bond jumping).
622
847.0135(5)(c) 3rd Lewd or lascivious exhibition
using computer; offender less
than 18 years.
623
870.01(3) 2nd Aggravated rioting.
624
870.01(5) 2nd Aggravated inciting a riot.
625
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874.05(1)(a) 3rd Encouraging or recruiting
another to join a criminal
gang.
626
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).
627
914.14(2) 3rd Witnesses accepting bribes.
628
914.22(1) 3rd Force, threaten, etc., witness,
victim, or informant.
629
914.23(2) 3rd Retaliation against a witness,
victim, or informant, no bodily
injury.
630
916.1085
(2)(c)1.
3rd Introduction of specified
contraband into certain DCF
facilities.
631
918.12 3rd Tampering with jurors.
632
934.215 3rd Use of two-way communications
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device to facilitate commission
of a crime.
633
944.47(1)(a)6. 3rd Introduction of contraband
(cellular telephone or other
portable communication device)
into correctional institution.
634
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.
635
(e) LEVEL 5 636
637
Florida
Statute
Felony
Degree
Description
638
316.027(2)(a) 3rd Accidents involving personal
injuries other than serious
bodily injury, failure to stop;
leaving scene.
639
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316.1935(4)(a) 2nd Aggravated fleeing or eluding.
640
316.80(2) 2nd Unlawful conveyance of fuel;
obtaining fuel fraudulently.
641
322.34(6) 3rd Careless operation of motor
vehicle with suspended license,
resulting in death or serious
bodily injury.
642
327.30(5) 3rd Vessel accidents involving
personal injury; leaving scene.
643
379.365(2)(c)1. 3rd Violation of rules relating to:
willful molestation of stone
crab traps, lines, or buoys;
illegal bartering, trading, or
sale, conspiring or aiding in
such barter, trade, or sale, or
supplying, agreeing to supply,
aiding in supplying, or giving
away stone crab trap tags or
certificates; making, altering,
forging, counterfeiting, or
reproducing stone crab trap
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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.
644
379.367(4) 3rd Willful molestation of a
commercial harvester's spiny
lobster trap, line, or buoy.
645
379.407(5)(b)3. 3rd Possession of 100 or more
undersized spiny lobsters.
646
381.0041(11)(b) 3rd Donate blood, plasma, or organs
knowing HIV positive.
647
440.10(1)(g) 2nd Failure to obtain workers'
compensation coverage.
648
440.105(5) 2nd Unlawful solicitation for the
purpose of making workers'
compensation claims.
649
440.381(2) 3rd Submission of false,
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misleading, or incomplete
information with the purpose of
avoiding or reducing workers'
compensation premiums.
650
624.401(4)(b)2. 2nd Transacting insurance without a
certificate or authority;
premium collected $20,000 or
more but less than $100,000.
651
626.902(1)(c) 2nd Representing an unauthorized
insurer; repeat offender.
652
790.01(2) 3rd Carrying a concealed firearm.
653
790.162 2nd Threat to throw or discharge
destructive device.
654
790.163(1) 2nd False report of bomb,
explosive, weapon of mass
destruction, or use of firearms
in violent manner.
655
790.221(1) 2nd Possession of short-barreled
shotgun or machine gun.
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656
790.23 2nd Felons in possession of
firearms, ammunition, or
electronic weapons or devices.
657
796.05(1) 2nd Live on earnings of a
prostitute; 1st offense.
658
800.04(6)(c) 3rd Lewd or lascivious conduct;
offender less than 18 years of
age.
659
800.04(7)(b) 2nd Lewd or lascivious exhibition;
offender 18 years of age or
older.
660
806.111(1) 3rd Possess, manufacture, or
dispense fire bomb with intent
to damage any structure or
property.
661
812.0145(2)(b) 2nd Theft from person 65 years of
age or older; $10,000 or more
but less than $50,000.
662
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812.015
(8)(a) & (c)-
(e)
3rd Retail theft; property stolen
is valued at $750 or more and
one or more specified acts.
663
812.019(1) 2nd Stolen property; dealing in or
trafficking in.
664
812.081(3) 2nd Trafficking in trade secrets.
665
812.131(2)(b) 3rd Robbery by sudden snatching.
666
812.16(2) 3rd Owning, operating, or
conducting a chop shop.
667
817.034(4)(a)2. 2nd Communications fraud, value
$20,000 to $50,000.
668
817.234(11)(b) 2nd Insurance fraud; property value
$20,000 or more but less than
$100,000.
669
817.2341(1),
(2)(a) &
(3)(a)
3rd Filing false financial
statements, making false
entries of material fact or
false statements regarding
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property values relating to the
solvency of an insuring entity.
670
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.
671
817.611(2)(a) 2nd Traffic in or possess 5 to 14
counterfeit credit cards or
related documents.
672
817.625(2)(b) 2nd Second or subsequent fraudulent
use of scanning device,
skimming device, or reencoder.
673
825.1025(4) 3rd Lewd or lascivious exhibition
in the presence of an elderly
person or disabled adult.
674
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827.071(4) 2nd Possess with intent to promote
any photographic material,
motion picture, etc., which
includes sexual conduct by a
child pornography.
675
827.071(5) 3rd Possess, control, or
intentionally view any
photographic material, motion
picture, etc., which includes
sexual conduct by a child
pornography.
676
828.12(2) 3rd Tortures any animal with intent
to inflict intense pain,
serious physical injury, or
death.
677
836.14(4) 2nd Willful promotion of a stolen
sexually explicit image for
pecuniary or any other
financial gain.
678
839.13(2)(b) 2nd Falsifying records of an
individual in the care and
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custody of a state agency
involving great bodily harm or
death.
679
843.01 3rd Resist officer with violence to
person; resist arrest with
violence.
680
847.0135(5)(b) 2nd Lewd or lascivious exhibition
using computer; offender 18
years or older.
681
847.0137
(2) & (3)
3rd Transmission of pornography by
electronic device or equipment.
682
847.0138
(2) & (3)
3rd Transmission of material
harmful to minors to a minor by
electronic device or equipment.
683
874.05(1)(b) 2nd Encouraging or recruiting
another to join a criminal
gang; second or subsequent
offense.
684
874.05(2)(a) 2nd Encouraging or recruiting
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person under 13 years of age to
join a criminal gang.
685
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).
686
893.13(1)(c)2. 2nd Sell, manufacture, or deliver
cannabis (or other s.
893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4) drugs)
within 1,000 feet of a child
care facility, school, or
state, county, or municipal
park or publicly owned
recreational facility or
community center.
687
893.13(1)(d)1. 1st Sell, manufacture, or deliver
cocaine (or other s.
893.03(1)(a), (1)(b), (1)(d),
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(2)(a), (2)(b), or (2)(c)5.
drugs) within 1,000 feet of
university.
688
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.
689
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.
690
893.13(4)(b) 2nd Use or hire of minor; deliver
to minor other controlled
substance.
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691
893.1351(1) 3rd Ownership, lease, or rental for
trafficking in or manufacturing
of controlled substance.
692
Section 10. Paragraph (j) of subsection (1) of section 693
288.1254, Florida Statutes, is amended to read: 694
288.1254 Entertainment industry financial incentive 695
program.— 696
(1) DEFINITIONS.—As used in this section, the term: 697
(j) "Qualified production" means a production in this 698
state meeting the requirements of this section. The term does 699
not include a production: 700
1. In which, for the first 2 years of the incentive 701
program, less than 50 percent, and thereafter, less than 60 702
percent, of the positions that make up its production cast and 703
below-the-line production crew, or, in the case of digital media 704
projects, less than 75 percent of such positions, are filled by 705
legal residents of this state, whose residency is demonstrated 706
by a valid Florida driver license or other state -issued 707
identification confirming residency, or students enrolled full -708
time in a film-and-entertainment-related course of study at an 709
institution of higher education in this state; or 710
2. That contains obscene content as defined in s. 847.001 711
s. 847.001(10). 712
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Section 11. Subsection (1) of section 847.0141, Florida 713
Statutes, is amended to read: 714
847.0141 Sexting; prohibited acts; penalties. — 715
(1) A minor commits the offense of sexting if he or she 716
knowingly: 717
(a) Uses a computer, or any other device capable of 718
electronic data transmission or distribution, to transmit or 719
distribute to another minor any photograph or video of any 720
person which depicts nudity, as defined in s. 847.001 s. 721
847.001(9), and is harmful to minors, as defined in s. 847.001 722
s. 847.001(6). 723
(b) Possesses a photograph or video of any person that was 724
transmitted or distributed by another minor which depicts 725
nudity, as defined in s. 847.001 s. 847.001(9), and is harmful 726
to minors, as defined in s. 847.001 s. 847.001(6). A minor does 727
not violate this paragraph if all of the following apply: 728
1. The minor did not solicit the photograph or video. 729
2. The minor took reasonable steps to report the 730
photograph or video to the minor's legal guardian or to a school 731
or law enforcement official. 732
3. The minor did not transmit or distribute the photograph 733
or video to a third party. 734
Section 12. This act shall take effect October 1, 2022. 735