ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 1 of 59 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 An act relating to digital voyeurism; amending s. 2 810.145, F.S.; providing definitions; redesignating 3 the offense of "video voyeurism" as "digital 4 voyeurism"; revising the elements of the offense; 5 providing criminal penalties; providing reduced 6 criminal penalties for certain violations by persons 7 who are under 19 years of age; redesignating the 8 offense of "video voyeurism dissemination" as "digital 9 voyeurism dissemination"; revising the elements of the 10 offense; providing criminal penalties; specifying that 11 each instance of certain violations is a separate 12 offense; providing for reclassification of certain 13 violations by certain persons; amending s. 921 .0022, 14 F.S.; ranking offenses on the offense severity ranking 15 chart of the Criminal Punishment Code; amending ss. 16 397.417, 435.04, 456.074, 775.15, 943.0584, and 17 1012.315, F.S.; conforming provisions to changes made 18 by the act; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Section 810.145, Florida Statutes, is amended 23 to read: 24 810.145 Digital Video voyeurism.— 25 ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 2 of 59 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: 26 (a) "Broadcast" means electronically trans mitting a visual 27 image or visual recording with the intent that it be viewed by 28 another person. 29 (b) "Family or household member" has the same meaning as 30 in s. 741.28. 31 (c)(b) "Imaging device" means any mechanical, digital, or 32 electronic viewing device; still camera; camcorder; motion 33 picture camera; or any other instrument, equipment, or format 34 capable of recording, storing, or transmitting visual images of 35 another person. 36 (d) "Position of authority or trust" means a position 37 occupied by a person 18 ye ars of age or older who is a relative, 38 caregiver, coach, employer, or other person who, by reason of 39 his or her relationship with the victim, is able to exercise 40 undue influence over him or her or exploit his or her trust. 41 (e)(d) "Privately exposing the body" means exposing a 42 sexual organ. 43 (f)(c) "Place and time when a person has a Reasonable 44 expectation of privacy" means circumstances under which a place 45 and time when a reasonable person would believe that he or she 46 could fully disrobe in privacy, with out being concerned that the 47 person's undressing was being viewed, recorded, or broadcasted 48 by another, including, but not limited to, the interior of a 49 residential dwelling, bathroom, changing room, fitting room, 50 ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 3 of 59 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 dressing room, or tanning booth. 51 (2)(a) A person commits the offense of digital video 52 voyeurism if that person: 53 1.(a) For his or her own amusement, entertainment, sexual 54 arousal, gratification, or profit, or for the purpose of 55 degrading, exploiting, or abusing another person, intentionally 56 uses or installs an imaging device to secretly view, broadcast, 57 or record a person, without that person's knowledge and consent, 58 who is dressing, undressing, or privately exposing the body, at 59 a place and time when that person has a reasonable expectation 60 of privacy; 61 2.(b) For the amusement, entertainment, sexual arousal, 62 gratification, or profit of another, or on behalf of another, 63 intentionally permits the use or installation of an imaging 64 device to secretly view, broadcast, or record a person, without 65 that person's knowledge and consent, who is dressing, 66 undressing, or privately exposing the body, at a place and time 67 when that person has a reasonable expectation of privacy; or 68 3.(c) For the amusement, entertainment, sexual arousal, 69 gratification, or profit of oneself or another, or on behalf of 70 oneself or another, intentionally uses an imaging device to 71 secretly view, broadcast, or record under or through the 72 clothing being worn by another person, without that person's 73 knowledge and consent, for the purpose of viewing the body of, 74 or the undergarments worn by, that person. 75 ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 4 of 59 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 (b) A person who is under 19 years of age and who violates 76 this subsection commits a misdemeanor of the first degree, 77 punishable as provided in s. 775.082 or s. 7 75.083. 78 (c) A person who is 19 years of age or older and who 79 violates this subsection commits a felony of the third degree, 80 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 81 (3)(a) A person commits the offense of digital video 82 voyeurism dissemination if that person, knowing or having reason 83 to believe that an image or recording was created in a manner 84 described in subsection (2) this section, intentionally 85 disseminates, distributes, or transfers the image or recording 86 to another person fo r the purpose of the amusement, 87 entertainment, sexual arousal, or gratification of any person, 88 or profit, or for the purpose of degrading , exploiting, or 89 abusing another person. 90 (b) A person who violates this subsection commits a felony 91 of the third degree, punishable as provided in s. 775.082, s. 92 775.083, or s. 775.084. 93 (4) A person commits the offense of commercial digital 94 video voyeurism dissemination if that person: 95 (a) Knowing or having reason to believe that an image or 96 recording was created in a manner described in subsection (2) 97 this section, sells the image or recording for consideration to 98 another person; or 99 (b) Having created the image or recording in a manner 100 ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 5 of 59 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 described in subsection (2) this section, disseminates, 101 distributes, or transfers the image or recording to another 102 person for that person to sell the image or recording to others. 103 (c) A person who violates this subsection commits a felony 104 of the third degree, punishable as provided in s. 775.082, s. 105 775.083, or s. 775.084. 106 (5) This section does not apply to any: 107 (a) Law enforcement agency conducting surveillance for a 108 law enforcement purpose; 109 (b) Security system when a written notice is conspicuously 110 posted on the premises stating that a video surveillance syst em 111 has been installed for the purpose of security for the premises; 112 (c) Video surveillance device that is installed in such a 113 manner that the presence of the device is clearly and 114 immediately obvious; or 115 (d) Dissemination, distribution, or transfer of images or 116 recordings subject to this section by a provider of an 117 electronic communication service as defined in 18 U.S.C. s. 118 2510(15), or a provider of a remote computing service as defined 119 in 18 U.S.C. s. 2711(2). For purposes of this section, the 120 exceptions to the definition of "electronic communication" set 121 forth in 18 U.S.C. s. 2510(12)(a), (b), (c), and (d) do not 122 apply, but are included within the definition of the term. 123 (6) Each instance of secretly viewing a person in 124 violation of subsection (2) o r broadcasting, recording, 125 ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 6 of 59 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 disseminating, distributing, or transferring an image or 126 recording made in violation of subsection (2) is a separate 127 offense for which a separate penalty is authorized. Except as 128 provided in subsections (7) and (8): 129 (a) A person who is under 19 years of age and who violates 130 this section commits a misdemeanor of the first degree, 131 punishable as provided in s. 775.082 or s. 775.083. 132 (b) A person who is 19 years of age or older and who 133 violates this section commits a felony of the third degree, 134 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 135 (7)(a) A person who violates this section and who has 136 previously been convicted of or adjudicated delinquent for any 137 violation of this section commits a felony of the second degree, 138 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 139 (b) If a person who is 19 years or age or older commits a 140 violation of this section and is a family or household member of 141 the victim or holds a position of authority or trust with the 142 victim, the court shall reclassify the felony to the next higher 143 degree as follows: 144 1. A felony of the third degree is reclassified as a 145 felony of the second degree. 146 2. A felony of the second degree is reclassified as a 147 felony of the first degree. 148 149 For purposes of sentencing under chapter 921 and incentive gain -150 ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 7 of 59 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 time eligibility under chapter 944, a felony that is 151 reclassified under this subsection is ranked one level above the 152 ranking under s. 921.0022 of the felony offense committed. 153 (8)(a) A person who is: 154 1. Eighteen years of age or older who is responsible for 155 the welfare of a child younger than 16 years of age, regardless 156 of whether the person knows or has reason to know the age of the 157 child, and who commits an offense under this section aga inst 158 that child; 159 2. Eighteen years of age or older who is employed at a 160 private school as defined in s. 1002.01; a school as defined in 161 s. 1003.01; or a voluntary prekindergarten education program as 162 described in s. 1002.53(3)(a), (b), or (c) and who com mits an 163 offense under this section against a student of the private 164 school, school, or voluntary prekindergarten education program; 165 or 166 3. Twenty-four years of age or older who commits an 167 offense under this section against a child younger than 16 years 168 of age, regardless of whether the person knows or has reason to 169 know the age of the child 170 171 commits a felony of the second degree, punishable as provided in 172 s. 775.082, s. 775.083, or s. 775.084. 173 (b) A person who violates this subsection and who has 174 previously been convicted of or adjudicated delinquent for any 175 ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 8 of 59 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 violation of this section commits a felony of the second degree, 176 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 177 (9) For purposes of this section, a person has previously 178 been convicted of or adjudicated delinquent for a violation of 179 this section if the violation resulted in a conviction that was 180 sentenced separately, or an adjudication of delinquency entered 181 separately, before prior to the current offense. 182 Section 2. Paragraphs (c), (d), (e), and (f) of subsection 183 (3) of section 921.0022, Florida Statutes, are amended to read: 184 921.0022 Criminal Punishment Code; offense severity 185 ranking chart.— 186 (3) OFFENSE SEVERITY RANKING CHART 187 (c) LEVEL 3 188 189 Florida Statute Felony Degree Description 190 119.10(2)(b) 3rd Unlawful use of confidential information from police reports. 191 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports. 192 316.193(2)(b) 3rd Felony DUI, 3rd conviction. ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 9 of 59 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 193 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 194 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed. 195 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home. 196 319.33(1)(c) 3rd Procure or pass title on stolen vehicle. 197 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 198 327.35(2)(b) 3rd Felony BUI. 199 328.05(2) 3rd Possess, sell, or counterfeit ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 10 of 59 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 fictitious, stolen, or fraudulent titles or bills of sale of vessels. 200 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 201 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. 202 379.2431 (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. 203 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 11 of 59 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 marine turtle species described in the Marine Turtle Protection Act. 204 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. 205 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license. 206 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information. 207 440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report. 208 501.001(2)(b) 2nd Tampers with a consumer product or the container using ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 12 of 59 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 materially false/misleading information. 209 624.401(4)(a) 3rd Transacting insurance without a certificate of authority. 210 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000. 211 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer. 212 697.08 3rd Equity skimming. 213 790.15(3) 3rd Person directs another to discharge firearm from a vehicle. 214 794.053 3rd Lewd or lascivious written solicitation of a person 16 or 17 years of age by a person 24 years of age or older. 215 ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 13 of 59 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 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. 216 806.10(2) 3rd Interferes with or assaults firefighter in perfo rmance of duty. 217 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. 218 810.145(2)(c) 3rd Digital voyeurism; 19 years of age or older. 219 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000. 220 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000. 221 812.015(8)(b) 3rd Retail theft with intent to ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 14 of 59 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 sell; conspires with others. 222 812.081(2) 3rd Theft of a trade secret. 223 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property. 224 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. 225 817.233 3rd Burning to defraud insurer. 226 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents. 227 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000. 228 817.236 3rd Filing a false motor vehicle insurance application. 229 817.2361 3rd Creating, marketing, or ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 15 of 59 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 presenting a false or fraudulent motor vehicle insurance card. 230 817.413(2) 3rd Sale of used goods of $1,000 or more as new. 231 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability. 232 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud. 233 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards. 234 836.13(2) 3rd Person who promotes an altered sexual depiction of an ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 16 of 59 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 identifiable person without consent. 235 838.021(3)(b) 3rd Threatens unlawful harm to public servant. 236 860.15(3) 3rd Overcharging for repairs and parts. 237 870.01(2) 3rd Riot. 238 870.01(4) 3rd Inciting a riot. 239 893.13(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). 240 893.13(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 ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 17 of 59 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 within 1,000 feet of university. 241 893.13(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. 242 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances. 243 893.13(6)(a) 3rd Possession of any control led substance other than felony possession of cannabis. 244 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. 245 893.13(7)(a)9. 3rd Obtain or attempt to obtain ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 18 of 59 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 controlled substance by fraud, forgery, misrepresentation, etc. 246 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance. 247 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893. 248 893.13(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. 249 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner's practice to assist a patient, other person, ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 19 of 59 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 owner of an animal in obtaining a controlled substance. 250 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person. 251 893.13(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. 252 918.13(1) 3rd Tampering with or fabricating physical evidence. 253 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility. 254 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution. ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 20 of 59 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 255 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility). 256 (d) LEVEL 4 257 258 Florida Statute Felony Degree Description 259 316.1935(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. 260 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements. 261 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 21 of 59 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 contraband prescription drugs. 262 517.07(1) 3rd Failure to register securities. 263 517.12(1) 3rd Failure of dealer or associated person of a dealer of securities to register. 264 784.031 3rd Battery by strangulation. 265 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc. 266 784.074(1)(c) 3rd Battery of sexually violent predators facility staff. 267 784.075 3rd Battery on detention or commitment facility staff. 268 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. 269 784.08(2)(c) 3rd Battery on a person 65 years of age or older. ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 22 of 59 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 270 784.081(3) 3rd Battery on specified official or employee. 271 784.082(3) 3rd Battery by detained person on visitor or other detainee. 272 784.083(3) 3rd Battery on code inspector. 273 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. 274 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian. 275 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. 276 787.04(3) 3rd Carrying child beyond state lines with criminal intent to ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 23 of 59 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 avoid producing child at custody hearing or delivering to designated person. 277 787.07 3rd Human smuggling. 278 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school. 279 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property. 280 790.115(2)(c) 3rd Possessing firearm on school property. 281 794.051(1) 3rd Indecent, lewd, or lascivious touching of certain minors. 282 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years. 283 806.135 2nd Destroying or demolishing a memorial or historic property. ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 24 of 59 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 284 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. 285 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. 286 810.06 3rd Burglary; possession of tools. 287 810.08(2)(c) 3rd Trespass on property, arme d with firearm or dangerous weapon. 288 810.145(3)(b) 3rd Digital voyeurism dissemination. 289 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000. 290 812.014 (2)(c)4. & 3rd Grand theft, 3rd degree; specified items. ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 25 of 59 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 6.-10. 291 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more. 292 817.505(4)(a) 3rd Patient brokering. 293 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. 294 817.568(2)(a) 3rd Fraudulent use of personal identification information. 295 817.5695(3)(c) 3rd Exploitation of person 65 years of age or older, value less than $10,000. 296 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder. 297 817.625(2)(c) 3rd Possess, sell, or deliver ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 26 of 59 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 skimming device. 298 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. 299 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it. 300 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose. 301 837.02(1) 3rd Perjury in official proceedings. 302 837.021(1) 3rd Make contradictory statements in official proceedings. 303 838.022 3rd Official misconduct. 304 839.13(2)(a) 3rd Falsifying records of an ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 27 of 59 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 individual in the care and custody of a state agency. 305 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families. 306 843.021 3rd Possession of a concealed handcuff key by a person in custody. 307 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. 308 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping). 309 843.19(2) 2nd Injure, disable, or kill police, fire, or SAR canine or police horse. 310 847.0135(5)(c) 3rd Lewd or lascivious exhibition ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 28 of 59 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 using computer; offender less than 18 years. 311 870.01(3) 2nd Aggravated rioting. 312 870.01(5) 2nd Aggravated inciting a riot. 313 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang. 314 893.13(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). 315 914.14(2) 3rd Witnesses accepting bribes. 316 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant. 317 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury. 318 ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 29 of 59 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 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities. 319 918.12 3rd Tampering with jurors. 320 934.215 3rd Use of two-way communications device to facilitate commission of a crime. 321 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution. 322 951.22(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. 323 (e) LEVEL 5 324 325 Florida Felony Description ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 30 of 59 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 Statute Degree 326 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene. 327 316.1935(4)(a) 2nd Aggravated fleeing or eluding. 328 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently. 329 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. 330 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene. 331 379.365(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 ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 31 of 59 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 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. 332 379.367(4) 3rd Willful molestation of a commercial harvester's spiny lobster trap, line, or buoy. 333 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters. 334 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive. 335 440.10(1)(g) 2nd Failure to obtain workers' ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 32 of 59 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 compensation coverage. 336 440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims. 337 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums. 338 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. 339 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender. 340 790.01(3) 3rd Unlawful carrying of a concealed firearm. 341 790.162 2nd Threat to throw or discharge destructive device. ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 33 of 59 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 342 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner. 343 790.221(1) 2nd Possession of short-barreled shotgun or machine gun. 344 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices. 345 796.05(1) 2nd Live on earnings of a prostitute; 1st offense. 346 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age. 347 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older. 348 806.111(1) 3rd Possess, manufacture, or ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 34 of 59 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 dispense fire bomb with intent to damage any structure or property. 349 810.145(4)(c) 3rd Commercial digital voyeurism dissemination. 350 810.145(7)(a) 2nd Digital voyeurism; 2nd or subsequent offense. 351 810.145(8)(a) 2nd Digital voyeurism; certain minor victims. 352 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000. 353 812.015 (8)(a) & (c)- (e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts. 354 812.015(8)(f) 3rd Retail theft; multiple thefts ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 35 of 59 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 within specified period. 355 812.019(1) 2nd Stolen property; dealing in or trafficking in. 356 812.081(3) 2nd Trafficking in trade secrets. 357 812.131(2)(b) 3rd Robbery by sudden snatching. 358 812.16(2) 3rd Owning, operating, or conducting a chop shop. 359 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000. 360 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000. 361 817.2341(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. ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 36 of 59 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 362 817.568(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. 363 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents. 364 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder. 365 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. 366 827.071(4) 2nd Possess with intent to promote any photographic material, ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 37 of 59 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 motion picture, etc., which includes child pornography. 367 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography. 368 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death. 369 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent. 370 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death. ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 38 of 59 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 371 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence. 372 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older. 373 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment. 374 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment. 375 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense. 376 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang. 377 ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 39 of 59 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(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). 378 893.13(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. 379 893.13(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. ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 40 of 59 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 380 893.13(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. 381 893.13(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. 382 893.13(4)(b) 2nd Use or hire of minor ; deliver to minor other controlled substance. 383 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 41 of 59 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 of controlled substance. 384 (f) LEVEL 6 385 386 Florida Statute Felony Degree Description 387 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury. 388 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction. 389 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license. 390 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement. 391 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 42 of 59 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 unauthorized person. 392 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person. 393 775.0875(1) 3rd Taking firearm from law enforcement officer. 394 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill. 395 784.021(1)(b) 3rd Aggravated assault; intent to commit felony. 396 784.041 3rd Felony battery; domestic battery by strangulation. 397 784.048(3) 3rd Aggravated stalking; credible threat. 398 784.048(5) 3rd Aggravated stalking of person under 16. 399 784.07(2)(c) 2nd Aggravated assault on law ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 43 of 59 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 enforcement officer. 400 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff. 401 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older. 402 784.081(2) 2nd Aggravated assault on specified official or employee. 403 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee. 404 784.083(2) 2nd Aggravated assault on code inspector. 405 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01. 406 790.115(2)(d) 2nd Discharging firearm or weapon on school property. ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 44 of 59 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 407 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property. 408 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner. 409 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. 410 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult. 411 794.05(1) 2nd Unlawful sexual activity with specified minor. 412 800.04(5)(d) 3rd Lewd or lascivious molestation; ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 45 of 59 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 victim 12 years of age or older but less than 16 years of age; offender less than 18 years. 413 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older. 414 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person. 415 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery. 416 810.145(8)(b) 2nd Digital Video voyeurism; certain minor victims; 2nd or subsequent offense. 417 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. 418 419 ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 46 of 59 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 812.014(2)(c)5. 3rd Grand theft; third degree; firearm. 420 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others. 421 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction. 422 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others. 423 812.015(9)(d) 2nd Retail theft; multiple thefts within specified period. 424 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery). 425 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones. ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 47 of 59 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 426 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death. 427 817.505(4)(b) 2nd Patient brokering; 10 or more patients. 428 817.5695(3)(b) 2nd Exploitation of person 65 years of age or older, value $10,000 or more, but less than $50,000. 429 825.102(1) 3rd Abuse of an elderly person or disabled adult. 430 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult. 431 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult. 432 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000. ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 48 of 59 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 433 827.03(2)(c) 3rd Abuse of a child. 434 827.03(2)(d) 3rd Neglect of a child. 435 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance. 436 828.126(3) 3rd Sexual activities involving animals. 437 836.05 2nd Threats; extortion. 438 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism. 439 843.12 3rd Aids or assists person to escape. 440 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 49 of 59 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 materials depicting minors. 441 847.012 3rd Knowingly using a minor in the production of materials harmful to minors. 442 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. 443 893.131 2nd Distribution of controlled substances resulting in overdose or serious bodily injury. 444 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury. 445 918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a capital felony. 446 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 50 of 59 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 inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm. 447 944.40 2nd Escapes. 448 944.46 3rd Harboring, concealing, aiding escaped prisoners. 449 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility. 450 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility. 451 Section 3. Paragraph (e) of subsection (4) of section 452 397.417, Florida Statutes, is amended to read: 453 397.417 Peer specialists. — 454 (4) BACKGROUND SCREENING. — 455 (e) The background screening conducted under this 456 subsection must ensure that a peer specialist has not been 457 arrested for and is awaiting final disposition of, found guilty 458 of, regardless of adjudication, or entered a plea of nolo 459 ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 51 of 59 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 contendere or guilty to, or been adjudicated delinquent and the 460 record has not been s ealed or expunged for, any offense 461 prohibited under any of the following state laws or similar laws 462 of another jurisdiction: 463 1. Section 393.135, relating to sexual misconduct with 464 certain developmentally disabled clients and reporting of such 465 sexual misconduct. 466 2. Section 394.4593, relating to sexual misconduct with 467 certain mental health patients and reporting of such sexual 468 misconduct. 469 3. Section 409.920, relating to Medicaid provider fraud, 470 if the offense was a felony of the first or second degree. 471 4. Section 415.111, relating to abuse, neglect, or 472 exploitation of vulnerable adults. 473 5. Any offense that constitutes domestic violence as 474 defined in s. 741.28. 475 6. Section 777.04, relating to attempts, solicitation, and 476 conspiracy to commit an offens e listed in this paragraph. 477 7. Section 782.04, relating to murder. 478 8. Section 782.07, relating to manslaughter; aggravated 479 manslaughter of an elderly person or a disabled adult; 480 aggravated manslaughter of a child; or aggravated manslaughter 481 of an officer, a firefighter, an emergency medical technician, 482 or a paramedic. 483 9. Section 782.071, relating to vehicular homicide. 484 ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 52 of 59 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 10. Section 782.09, relating to killing an unborn child by 485 injury to the mother. 486 11. Chapter 784, relating to assault, battery, and 487 culpable negligence, if the offense was a felony. 488 12. Section 787.01, relating to kidnapping. 489 13. Section 787.02, relating to false imprisonment. 490 14. Section 787.025, relating to luring or enticing a 491 child. 492 15. Section 787.04(2), relating to leading, taking, 493 enticing, or removing a minor beyond state limits, or concealing 494 the location of a minor, with criminal intent pending custody 495 proceedings. 496 16. Section 787.04(3), relating to leading, taking, 497 enticing, or removing a minor beyond state limits, or concealing 498 the location of a minor, with criminal intent pending dependency 499 proceedings or proceedings concerning alleged abuse or neglect 500 of a minor. 501 17. Section 790.115(1), relating to exhibiting f irearms or 502 weapons within 1,000 feet of a school. 503 18. Section 790.115(2)(b), relating to possessing an 504 electric weapon or device, a destructive device, or any other 505 weapon on school property. 506 19. Section 794.011, relating to sexual battery. 507 20. Former s. 794.041, relating to prohibited acts of 508 persons in familial or custodial authority. 509 ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 53 of 59 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 21. Section 794.05, relating to unlawful sexual activity 510 with certain minors. 511 22. Section 794.08, relating to female genital mutilation. 512 23. Section 796.07, rela ting to procuring another to 513 commit prostitution, except for those offenses expunged pursuant 514 to s. 943.0583. 515 24. Section 798.02, relating to lewd and lascivious 516 behavior. 517 25. Chapter 800, relating to lewdness and indecent 518 exposure. 519 26. Section 806.01, relating to arson. 520 27. Section 810.02, relating to burglary, if the offense 521 was a felony of the first degree. 522 28. Section 810.14, relating to voyeurism, if the offense 523 was a felony. 524 29. Section 810.145, relating to digital video voyeurism, 525 if the offense was a felony. 526 30. Section 812.13, relating to robbery. 527 31. Section 812.131, relating to robbery by sudden 528 snatching. 529 32. Section 812.133, relating to carjacking. 530 33. Section 812.135, relating to home -invasion robbery. 531 34. Section 817.034, relating to communications fraud, if 532 the offense was a felony of the first degree. 533 35. Section 817.234, relating to false and fraudulent 534 ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 54 of 59 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 insurance claims, if the offense was a felony of the first or 535 second degree. 536 36. Section 817.50, relating to fraud ulently obtaining 537 goods or services from a health care provider and false reports 538 of a communicable disease. 539 37. Section 817.505, relating to patient brokering. 540 38. Section 817.568, relating to fraudulent use of 541 personal identification, if the offense was a felony of the 542 first or second degree. 543 39. Section 825.102, relating to abuse, aggravated abuse, 544 or neglect of an elderly person or a disabled adult. 545 40. Section 825.1025, relating to lewd or lascivious 546 offenses committed upon or in the presence of an elderly person 547 or a disabled person. 548 41. Section 825.103, relating to exploitation of an 549 elderly person or a disabled adult, if the offense was a felony. 550 42. Section 826.04, relating to incest. 551 43. Section 827.03, relating to child abuse, aggravated 552 child abuse, or neglect of a child. 553 44. Section 827.04, relating to contributing to the 554 delinquency or dependency of a child. 555 45. Former s. 827.05, relating to negligent treatment of 556 children. 557 46. Section 827.071, relating to sexual performance by a 558 child. 559 ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 55 of 59 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 47. Section 831.30, relating to fraud in obtaining 560 medicinal drugs. 561 48. Section 831.31, relating to the sale; manufacture; 562 delivery; or possession with intent to sell, manufacture, or 563 deliver of any counterfeit controlled substance, if the offense 564 was a felony. 565 49. Section 843.01, relating to resisting arrest with 566 violence. 567 50. Section 843.025, relating to depriving a law 568 enforcement, correctional, or correctional probation officer of 569 the means of protection or communication. 570 51. Section 843.12, relating to aiding in an escape. 571 52. Section 843.13, relating to aiding in the escape of 572 juvenile inmates of correctional institutions. 573 53. Chapter 847, relating to obscenity. 574 54. Section 874.05, relating to encouraging or recruiting 575 another to join a criminal gang. 576 55. Chapter 893, relating to drug abuse prevention and 577 control, if the offense was a felony of the second degree or 578 greater severity. 579 56. Section 895.03, relating to racketeering a nd 580 collection of unlawful debts. 581 57. Section 896.101, relating to the Florida Money 582 Laundering Act. 583 58. Section 916.1075, relating to sexual misconduct with 584 ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 56 of 59 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 certain forensic clients and reporting of such sexual 585 misconduct. 586 59. Section 944.35(3), rela ting to inflicting cruel or 587 inhuman treatment on an inmate resulting in great bodily harm. 588 60. Section 944.40, relating to escape. 589 61. Section 944.46, relating to harboring, concealing, or 590 aiding an escaped prisoner. 591 62. Section 944.47, relating to i ntroduction of contraband 592 into a correctional institution. 593 63. Section 985.701, relating to sexual misconduct in 594 juvenile justice programs. 595 64. Section 985.711, relating to introduction of 596 contraband into a detention facility. 597 Section 4. Paragraph (ff) of subsection (2) of section 598 435.04, Florida Statutes, as amended by s. 2, ch. 2023 -220, Laws 599 of Florida, is amended to read: 600 435.04 Level 2 screening standards. — 601 (2) The security background investigations under this 602 section must ensure that perso ns subject to this section have 603 not been arrested for and are awaiting final disposition of, 604 have not been found guilty of, regardless of adjudication, or 605 entered a plea of nolo contendere or guilty to, or have not been 606 adjudicated delinquent and the recor d has not been sealed or 607 expunged for, any offense prohibited under any of the following 608 provisions of state law or similar law of another jurisdiction:609 ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 57 of 59 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 (ff) Section 810.145, relating to digital video voyeurism, 610 if the offense is a felony. 611 Section 5. Paragraph (s) of subsection (5) of section 612 456.074, Florida Statutes, is amended to read: 613 456.074 Certain health care practitioners; immediate 614 suspension of license. — 615 (5) The department shall issue an emergency order 616 suspending the license of any health care practitioner who is 617 arrested for committing or attempting, soliciting, or conspiring 618 to commit any act that would constitute a violation of any of 619 the following criminal offenses in this state or similar 620 offenses in another jurisdiction: 621 (s) Section 810.145(8), relating to digital video 622 voyeurism of a minor. 623 Section 6. Subsection (17) of section 775.15, Florida 624 Statutes, is amended to read: 625 775.15 Time limitations; general time limitations; 626 exceptions.— 627 (17) In addition to the time periods prescribed in this 628 section, a prosecution for digital video voyeurism in violation 629 of s. 810.145 may be commenced within 1 year after the date on 630 which the victim of digital video voyeurism obtains actual 631 knowledge of the existence of such a recording or the date on 632 which the recording is confiscated by a law enforcement agency, 633 whichever occurs first. Any dissemination of such a recording 634 ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 58 of 59 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 before the victim obtains actual knowledge thereof or before its 635 confiscation by a law enforcement agency does not affect any 636 provision of this subsection. 637 Section 7. Paragraph (r) of subsection (2) of section 638 943.0584, Florida Statutes, is amended to read: 639 943.0584 Criminal history records ineligible for court -640 ordered expunction or court-ordered sealing.— 641 (2) A criminal history record is ineligible for a 642 certificate of eligibility for expunction or a court -ordered 643 expunction pursuant to s. 943.0585 or a certificate of 644 eligibility for sealing or a court -ordered sealing pursuant to 645 s. 943.059 if the record is a conviction for any of the 646 following offenses: 647 (r) Voyeurism or digital video voyeurism, as defined in 648 ss. 810.14 and 810.145, respectively; 649 Section 8. Paragraph (y) of subsection (1) of section 650 1012.315, Florida Statutes , is amended to read: 651 1012.315 Screening standards. —A person is ineligible for 652 educator certification or employment in any position that 653 requires direct contact with students in a district school 654 system, a charter school, or a private school that partici pates 655 in a state scholarship program under chapter 1002 if the person 656 is on the disqualification list maintained by the department 657 pursuant to s. 1001.10(4)(b), is registered as a sex offender as 658 described in 42 U.S.C. s. 9858f(c)(1)(C), would be ineligibl e 659 ENROLLED CS/CS/HB 1389 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1389-03-er Page 59 of 59 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 an exemption under s. 435.07(4)(c), or has been convicted or 660 found guilty of, has had adjudication withheld for, or has pled 661 guilty or nolo contendere to: 662 (1) Any felony offense prohibited under any of the 663 following statutes: 664 (y) Section 810.145, relating to digital video voyeurism.665 Section 9. This act shall take effect October 1, 2024. 666