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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1
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
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1) As used in this section, the term: 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
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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
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
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(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
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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
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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
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
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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
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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.
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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
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
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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
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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
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
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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
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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
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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
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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
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
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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
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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
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
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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
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,
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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.
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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
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,
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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
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.
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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
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
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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
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.
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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.
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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
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
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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
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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
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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
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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
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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
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
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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'
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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.
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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
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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
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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.
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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
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,
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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
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.
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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
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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.
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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
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
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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
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
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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
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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.
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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;
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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
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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.
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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.
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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
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
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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
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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
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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
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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
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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
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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
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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
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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
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(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
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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
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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