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Florida Senate - 2025 CS for CS for SB 1180 By the Appropriations Committee on Criminal and Civil Justice; the Committee on Criminal Justice; and Senator Gaetz 604-03476-25 20251180c2 1 A bill to be entitled 2 An act relating to sexual images; creating s. 800.045, 3 F.S.; defining terms; prohibiting a person from 4 possessing with the intent to promote specified 5 depictions that include a lewd or lascivious image; 6 providing criminal penalties; prohibiting a person 7 from knowingly soliciting, possessing, controlling, or 8 intentionally viewing a depiction that includes a lewd 9 or lascivious image; providing criminal penalties; 10 providing applicability; amending s. 827.071, F.S.; 11 revising the definition of the term sexual conduct; 12 prohibiting a person from soliciting specified 13 depictions of child pornography; specifying that the 14 solicitation of each specified depiction or each child 15 depicted is a separate offense; providing criminal 16 penalties; revising applicability; creating s. 17 827.073, F.S.; defining terms; prohibiting a person 18 from knowingly possessing, controlling, or 19 intentionally viewing a visual depiction he or she 20 knows includes an altered sexual depiction of an 21 identifiable minor; providing for prima facie evidence 22 of intent to promote; providing criminal penalties; 23 providing criminal penalties for persons who 24 intentionally generate an altered sexual depiction of 25 a minor; providing criminal penalties for persons who 26 solicit an altered sexual depiction of a minor, 27 without consent of the identifiable minor, and who 28 know or reasonably should have known that such visual 29 depiction was an altered sexual depiction; providing 30 criminal penalties for persons who willfully and 31 intentionally promote an altered sexual depiction of 32 an identifiable minor, without consent of the 33 identifiable minor, and who know or reasonably should 34 have known that such visual depiction was an altered 35 sexual depiction; providing for a civil cause of 36 action; providing for injunctive relief, damages, and 37 attorney fees and costs; providing applicability; 38 amending s. 836.13, F.S.; defining the term 39 generate; providing criminal penalties for persons 40 who possess with the intent to promote an altered 41 sexual depiction of an identifiable person without the 42 consent of the identifiable person; providing criminal 43 penalties for a persons who willfully generate or 44 solicit an altered sexual depiction of an identifiable 45 person, without the consent of the identifiable 46 person, and who know or reasonably should have known 47 that such visual depiction was an altered sexual 48 depiction; revising what is not considered a defense 49 to such offenses; providing for a civil cause of 50 action; providing for injunctive relief, damages, and 51 attorney fees and costs; revising and providing 52 applicability; amending s. 921.0022, F.S.; ranking 53 offenses created by and an offense revised by the act 54 for purposes of the severity ranking chart of the 55 Criminal Punishment Code; making a conforming change; 56 providing an effective date. 57 58 Be It Enacted by the Legislature of the State of Florida: 59 60 Section 1.Section 800.045, Florida Statutes, is created to 61 read: 62 800.045Lewd or lascivious images; penalties. 63 (1)As used in this section, the term: 64 (a)Identifiable minor means a person: 65 1.Who was younger than 16 years of age at the time the 66 lewd or lascivious image was created, altered, adapted, or 67 modified, or whose image was used in the creating, altering, 68 adapting, or modifying of the lewd or lascivious image; and 69 2.Who is recognizable as an actual person by the persons 70 face, likeness, or any distinguishing characteristic, such as a 71 unique birthmark, or any recognizable feature. 72 73 The term may not be construed to require proof of the actual 74 identity of the identifiable minor. 75 (b)Intentionally view has the same meaning as in s. 76 827.071. 77 (c)Lewd or lascivious image means: 78 1.Any image depicting lewd or lascivious exhibition in 79 violation of s. 800.04(7); or 80 2.Any image that has been created, altered, adapted, or 81 modified by electronic, mechanical, or other means to portray 82 lewd or lascivious exhibition in violation of s. 800.04(7) 83 committed in the presence of an identifiable minor. 84 (d)Promote has the same meaning as in s. 827.071. 85 (2)It is unlawful for any person to possess with the 86 intent to promote any photograph, motion picture, exhibition, 87 show, representation, or other presentation which, in whole or 88 in part, includes a lewd or lascivious image. The possession of 89 three or more copies of such photograph, motion picture, 90 representation, or presentation is prima facie evidence of an 91 intent to promote. A person who violates this subsection commits 92 a felony of the second degree, punishable as provided in s. 93 775.082, s. 775.083, or s. 775.084. 94 (3)(a)It is unlawful for any person to knowingly solicit, 95 possess, control, or intentionally view a photograph, motion 96 picture, exhibition, show, representation, image, data, computer 97 depiction, or other presentation, in whole or in part, which he 98 or she knows to include a lewd or lascivious image. The 99 solicitation, possession, control, or intentional viewing of 100 each such photograph, motion picture, exhibition, show, image, 101 data, computer depiction, representation, or presentation is a 102 separate offense. If such photograph, motion picture, 103 exhibition, show, representation, image, data, computer 104 depiction, or other presentation includes a lewd or lascivious 105 image depicting more than one minor, each such minor in each 106 such photograph, motion picture, exhibition, show, 107 representation, image, data, computer depiction, or other 108 presentation who is knowingly solicited, possessed, controlled, 109 or intentionally viewed is a separate offense. A person who 110 violates this paragraph commits a felony of the third degree, 111 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 112 (b)Paragraph (a) does not apply to any material solicited, 113 possessed, controlled, or intentionally viewed as part of a law 114 enforcement investigation. 115 (4)Prosecution of a person for an offense under this 116 section does not preclude prosecution of that person in this 117 state for a violation of any other law of this state, including 118 a law providing for greater penalties than prescribed in this 119 section or any other crime punishing the sexual performance or 120 the sexual exploitation of children. 121 Section 2.Paragraph (l) of subsection (1) and subsection 122 (5) of section 827.071, Florida Statutes, are amended, and 123 subsection (6) of that section is republished, to read: 124 827.071Sexual performance by a child; child pornography; 125 penalties. 126 (1) As used in this section, the following definitions 127 shall apply: 128 (l)1.Sexual conduct means actual or simulated sexual 129 intercourse, deviate sexual intercourse, sexual bestiality, 130 masturbation, or sadomasochistic abuse; actual or simulated lewd 131 exhibition of the genitals or anus; actual physical contact with 132 a persons clothed or unclothed genitals, pubic area, buttocks, 133 or, if such person is a female, breast, with the intent to 134 arouse or gratify the sexual desire of either party; or any act 135 or conduct which constitutes sexual battery or simulates that 136 sexual battery is being or will be committed. A mothers 137 breastfeeding of her baby does not under any circumstance 138 constitute sexual conduct. 139 2.As used in subparagraph 1., actual or simulated lewd 140 exhibition of the genitals may be evidenced by the overall 141 content of an image, taking into account the age of the minor 142 depicted and, including, but not limited to, whether: 143 a.The focal point of the image is on the minors genitals; 144 b.The setting of the image is sexually suggestive or in a 145 place or pose generally associated with sexual conduct; 146 c.The minor is depicted in an unnatural pose, or in 147 inappropriate attire, considering the age of the minor; 148 d.The image suggests sexual coyness or a willingness to 149 engage in sexual conduct; or 150 e.The image is intended or designed to elicit a sexual 151 response in the viewer. 152 (5)(a)It is unlawful for any person to knowingly solicit, 153 possess, control, or intentionally view a photograph, motion 154 picture, exhibition, show, representation, image, data, computer 155 depiction, or other presentation which, in whole or in part, he 156 or she knows to include child pornography. The solicitation, 157 possession, control, or intentional viewing of each such 158 photograph, motion picture, exhibition, show, image, data, 159 computer depiction, representation, or presentation is a 160 separate offense. If such photograph, motion picture, 161 exhibition, show, representation, image, data, computer 162 depiction, or other presentation includes child pornography 163 depicting more than one child, then each such child in each such 164 photograph, motion picture, exhibition, show, representation, 165 image, data, computer depiction, or other presentation that is 166 knowingly solicited, possessed, controlled, or intentionally 167 viewed is a separate offense. A person who violates this 168 paragraph commits a felony of the third degree, punishable as 169 provided in s. 775.082, s. 775.083, or s. 775.084. 170 (b)Paragraph (a) does not apply to any material solicited, 171 possessed, controlled, or intentionally viewed as part of a law 172 enforcement investigation. 173 (6)Prosecution of a person for an offense under this 174 section does not preclude prosecution of that person in this 175 state for a violation of any other law of this state, including 176 a law providing for greater penalties than prescribed in this 177 section or any other crime punishing the sexual performance or 178 the sexual exploitation of children. 179 Section 3.Section 827.073, Florida Statutes, is created to 180 read: 181 827.073Altered sexual depiction of a minor; prohibited 182 acts; penalties; applicability. 183 (1)As used in this section, the terms: 184 (a)Altered sexual depiction, generate, and visual 185 depiction have the same meaning as in s. 836.13. 186 (b)Identifiable minor, intentionally view, and 187 promote have the same meaning as in s. 827.071. 188 (c)Possess means to knowingly or intentionally keep, 189 control, maintain, store, or own, physically or electronically, 190 any altered sexual depiction of an identifiable person, without 191 the consent of the identifiable person. 192 (2)(a) It is unlawful for a person to knowingly possess, 193 control, or intentionally view a visual depiction that, in whole 194 or in part, he or she knows includes an altered sexual depiction 195 of an identifiable minor. The possession or control of three or 196 more copies of such visual depiction is prima facie evidence of 197 an intent to promote. The possession, control, or intentional 198 viewing of each visual depiction is a separate offense. A person 199 who violates this paragraph commits a felony of the third 200 degree, punishable as provided in s. 775.082, s. 775.083, or s. 201 775.084. 202 (b) A person who intentionally generates an altered sexual 203 depiction of a minor commits a felony of the third degree, 204 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 205 (c)A person who solicits an altered sexual depiction of a 206 minor, without the consent of the identifiable minor, and who 207 knows or reasonably should have known that such visual depiction 208 was an altered sexual depiction commits a felony of the third 209 degree, punishable as provided in s. 775.082, s. 775.083, or s. 210 775.084. 211 (d)A person who willfully and intentionally promotes an 212 altered sexual depiction of an identifiable minor, without the 213 consent of the identifiable minor, and who knows or reasonably 214 should have known that such visual depiction was an altered 215 sexual depiction commits a felony of the second degree, 216 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 217 (3)An aggrieved person may initiate a civil action against 218 a person who violates subsection (2) to obtain appropriate 219 relief in order to prevent or remedy a violation of subsection 220 (2), including all of the following: 221 (a)Injunctive relief. 222 (b)Monetary damages to include $10,000 or actual damages 223 incurred as a result of a violation of subsection (2), whichever 224 is greater. 225 (c)Reasonable attorney fees and costs. 226 (4)The criminal and civil penalties of this section do not 227 apply to: 228 (a)A provider of an interactive computer service as 229 defined in 47 U.S.C. s. 230(f), of an information service as 230 defined in 47 U.S.C. s. 153, or of a communications service as 231 defined in s. 202.11 which provides the transmission, storage, 232 or caching of electronic communications or messages of others; 233 another related telecommunications or commercial mobile radio 234 service; or content provided by another person; 235 (b)A law enforcement officer as defined in s. 943.10, or 236 any local, state, federal, or military law enforcement agency 237 engaged in the performance of his or her duties as a law 238 enforcement officer or the duties of the law enforcement agency; 239 (c)A person reporting unlawful activity; 240 (d)A person participating in a hearing, trial, or other 241 legal proceeding; or 242 (e)An identifiable person portrayed in an altered sexual 243 depiction who receives an altered sexual depiction of himself or 244 herself. 245 (5)A violation of this section is committed within this 246 state if any conduct that is an element of the offense, or any 247 harm to the depicted person resulting from the offense, occurs 248 within this state. 249 (6)Prosecution of a person for an offense under this 250 section does not preclude prosecution of that person in this 251 state for a violation of any other law of this state, including 252 a law providing for greater penalties than prescribed in this 253 section or any other crime related to child pornography or the 254 sexual performance or the sexual exploitation of children. 255 (7)Any offense under subsection (2) does not include an 256 act done for a bona fide medical, literary, academic, or 257 scientific purpose. 258 Section 4.Section 836.13, Florida Statutes, is amended to 259 read: 260 836.13Promotion of an Altered sexual depictions depiction; 261 prohibited acts; penalties; applicability. 262 (1)As used in this section, the term: 263 (a)Altered sexual depiction means any visual depiction 264 that, as a result of any type of digital, electronic, 265 mechanical, or other modification, alteration, or adaptation, 266 depicts a realistic version of an identifiable person: 267 1.With the nude body parts of another person as the nude 268 body parts of the identifiable person; 269 2.With computer-generated nude body parts as the nude body 270 parts of the identifiable person; or 271 3.Engaging in sexual conduct as defined in s. 847.001 in 272 which the identifiable person did not engage. 273 (b)Generate means to create, alter, adapt, or modify any 274 image by electronic, mechanical, or other computer-generated 275 means to portray an identifiable person or to offer or agree to 276 do the same. 277 (c)(b) Identifiable person means a person who is 278 recognizable as an actual person by the persons face, likeness, 279 or other distinguishing characteristic, such as a unique 280 birthmark, or other recognizable feature. 281 (d)(c) Nude body parts means the human male or female 282 genitals, pubic area, or buttocks with less than fully opaque 283 covering; or the female breast with less than a fully opaque 284 covering of any portion thereof below the top of the nipple; or 285 the depiction of covered male genitals in a discernibly turgid 286 state. The term does not under any circumstances include a 287 mother breastfeeding her baby. 288 (e)(d) Promote means to issue, sell, give, provide, lend, 289 mail, deliver, transfer, transmit, transmute, publish, 290 distribute, circulate, disseminate, present, exhibit, send, 291 post, share, or advertise or to offer or agree to do the same. 292 (f)(e) Visual depiction includes, but is not limited to, 293 a photograph, picture, image, motion picture, film, video, or 294 other visual representation. 295 (2) A person who willfully and maliciously promotes, or 296 possesses with the intent to promote, any altered sexual 297 depiction of an identifiable person, without the consent of the 298 identifiable person, and who knows or reasonably should have 299 known that such visual depiction was an altered sexual 300 depiction, commits a felony of the third degree, punishable as 301 provided in s. 775.082, s. 775.083, or s. 775.084. 302 (3)A person who willfully generates an altered sexual 303 depiction of an identifiable person without the consent of the 304 identifiable person, and who knows or reasonably should have 305 known that such visual depiction was an altered sexual 306 depiction, commits a felony of the third degree, punishable as 307 provided in s. 775.082, s. 775.083, or s. 775.084. 308 (4)A person who solicits an altered sexual depiction of an 309 identifiable person without the consent of the identifiable 310 person, and who knows or reasonably should have known that such 311 visual depiction was an altered sexual depiction, commits a 312 felony of the third degree, punishable as provided in s. 313 775.082, s. 775.083, or s. 775.084. 314 (5) Every act, thing, or transaction prohibited by this 315 section constitutes a separate offense and is punishable as 316 such. 317 (6)(4)The presence of a disclaimer within an altered 318 sexual depiction which notifies a viewer that the person or 319 persons depicted did not consent to or participate in the 320 generation creation or promotion of the material, or that the 321 person or persons depicted did not actually perform the actions 322 portrayed, is not a defense and does not relieve a person of 323 criminal liability under this section. 324 (7)(5)An aggrieved person may initiate a civil action 325 against a person who violates subsection (2), subsection (3), or 326 subsection (4) to obtain appropriate relief in order to prevent 327 or remedy a violation of subsection (2), subsection (3), or 328 subsection (4), including all of the following: 329 (a)Injunctive relief. 330 (b)Monetary damages to include $10,000 or actual damages 331 incurred as a result of a violation of subsection (2), 332 subsection (3), or subsection (4), whichever is greater. 333 (c)Reasonable attorney fees and costs. 334 (8)(6)The criminal and civil penalties of this section do 335 not apply to: 336 (a)A provider of an interactive computer service as 337 defined in 47 U.S.C. s. 230(f), of an information service as 338 defined in 47 U.S.C. s. 153, or of a communications service as 339 defined in s. 202.11 which provides the transmission, storage, 340 or caching of electronic communications or messages of others; 341 another related telecommunications or commercial mobile radio 342 service; or content provided by another person; 343 (b)A law enforcement officer, as defined in s. 943.10, or 344 any local, state, federal, or military law enforcement agency 345 engaged in that promotes an altered sexual depiction in 346 connection with the performance of his or her duties as a law 347 enforcement officer or the duties of the law enforcement agency; 348 (c)A person reporting unlawful activity; or 349 (d)A person participating in a hearing, trial, or other 350 legal proceeding; or 351 (e)An identifiable person portrayed in an altered sexual 352 depiction who receives an altered sexual depiction of himself or 353 herself. 354 (9)(7)A violation of this section is committed within this 355 state if any conduct that is an element of the offense, or any 356 harm to the depicted person resulting from the offense, occurs 357 within this state. 358 (10)(8)Prosecution of a person for an offense under this 359 section does not preclude prosecution of that person in this 360 state for a violation of any other law of this state, including 361 a law providing for greater penalties than prescribed in this 362 section or any other crime related to child pornography or the 363 sexual performance or the sexual exploitation of children. 364 (11)Any offense under subsection (2), subsection (3), or 365 subsection (4) does not include an act done for a bona fide 366 medical, literary, academic, or scientific purpose. 367 Section 5.Paragraphs (b), (c), and (d) of subsection (3) 368 of section 921.0022, Florida Statutes, are amended to read: 369 921.0022Criminal Punishment Code; offense severity ranking 370 chart. 371 (3)OFFENSE SEVERITY RANKING CHART 372 (b)LEVEL 2 373 374 FloridaStatute FelonyDegree Description 375 379.2431(1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act. 376 379.2431(1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act. 377 403.413(6)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste. 378 517.07(2) 3rd Failure to furnish a prospectus meeting requirements. 379 590.28(1) 3rd Intentional burning of lands. 380 784.03(3) 3rd Battery during a riot or an aggravated riot. 381 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death. 382 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits. 383 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service. 384 806.13(3) 3rd Criminal mischief; damage of $200 or more to a memorial or historic property. 385 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary. 386 810.09(2)(d) 3rd Trespassing on posted commercial horticulture property. 387 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or more but less than $5,000. 388 812.014(2)(d)1. 3rd Grand theft, 3rd degree; $40 or more but less than $750, taken from dwelling or its unenclosed curtilage. 389 812.014(2)(e)2. 3rd Petit theft, 1st degree; less than $40 taken from dwelling or its unenclosed curtilage with one prior theft conviction. 390 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure. 391 817.234(1)(a)2. 3rd False statement in support of insurance claim. 392 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300. 393 817.52(3) 3rd Failure to redeliver hired vehicle. 394 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation. 395 817.60(5) 3rd Dealing in credit cards of another. 396 817.60(6)(a) 3rd Forgery; purchase goods, services with false card. 397 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months. 398 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related. 399 831.01 3rd Forgery. 400 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud. 401 831.07 3rd Forging bank bills, checks, drafts, or promissory notes. 402 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts. 403 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes. 404 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes. 405 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud. 406 836.13(4) 3rd Soliciting an altered sexual depiction of an identifiable person without consent. 407 843.01(2) 3rd Resist police canine or police horse with violence; under certain circumstances. 408 843.08 3rd False personation. 409 843.19(3) 3rd Touch or strike police, fire, SAR canine or police horse. 410 893.13(2)(a)2. 3rd Purchase of any 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 other than cannabis. 411 893.147(2) 3rd Manufacture or delivery of drug paraphernalia. 412 (c)LEVEL 3 413 414 FloridaStatute FelonyDegree Description 415 119.10(2)(b) 3rd Unlawful use of confidential information from police reports. 416 316.066(3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports. 417 316.193(2)(b) 3rd Felony DUI, 3rd conviction. 418 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 419 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed. 420 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home. 421 319.33(1)(c) 3rd Procure or pass title on stolen vehicle. 422 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 423 327.35(2)(b) 3rd Felony BUI. 424 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. 425 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 426 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. 427 379.2431(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. 428 379.2431(1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act. 429 379.2431(1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. 430 400.9935(4)(a)or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license. 431 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information. 432 440.1051(3) 3rd False report of workers compensation fraud or retaliation for making such a report. 433 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information. 434 624.401(4)(a) 3rd Transacting insurance without a certificate of authority. 435 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000. 436 626.902(1)(a) &(b) 3rd Representing an unauthorized insurer. 437 697.08 3rd Equity skimming. 438 790.15(3) 3rd Person directs another to discharge firearm from a vehicle. 439 794.053 3rd Lewd or lascivious written solicitation of a person 16 or 17 years of age by a person 24 years of age or older. 440 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. 441 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty. 442 810.09(2)(b) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. 443 810.145(2)(c) 3rd Digital voyeurism; 19 years of age or older. 444 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000. 445 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000. 446 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others. 447 812.081(2) 3rd Theft of a trade secret. 448 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property. 449 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. 450 817.233 3rd Burning to defraud insurer. 451 817.234(8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents. 452 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000. 453 817.236 3rd Filing a false motor vehicle insurance application. 454 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. 455 817.413(2) 3rd Sale of used goods of $1,000 or more as new. 456 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability. 457 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud. 458 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards. 459 836.13(2) 3rd Person who promotes, or possesses with intent to promote, an altered sexual depiction of an identifiable person without consent. 460 836.13(3) 3rd Person who generates an altered sexual depiction of an identifiable person without consent. 461 836.13(4) 3rd Person who solicits an altered sexual depiction of an identifiable person without consent. 462 838.021(3)(b) 3rd Threatens unlawful harm to public servant. 463 847.01385 3rd Harmful communication to a minor. 464 860.15(3) 3rd Overcharging for repairs and parts. 465 870.01(2) 3rd Riot. 466 870.01(4) 3rd Inciting a riot. 467 893.13(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). 468 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university. 469 893.13(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. 470 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances. 471 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis. 472 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. 473 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. 474 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance. 475 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893. 476 893.13(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 practitioners practice. 477 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioners practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance. 478 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person. 479 893.13(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. 480 918.13(1) 3rd Tampering with or fabricating physical evidence. 481 944.47(1)(a)1. & 2. 3rd Introduce contraband to correctional facility. 482 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution. 483 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility). 484 (d)LEVEL 4 485 486 FloridaStatute FelonyDegree Description 487 104.155 3rd Unqualified noncitizen electors voting; aiding or soliciting noncitizen electors in voting. 488 316.1935(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. 489 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements. 490 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs. 491 517.07(1) 3rd Failure to register securities. 492 517.12(1) 3rd Failure of dealer or associated person of a dealer of securities to register. 493 784.031 3rd Battery by strangulation. 494 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc. 495 784.074(1)(c) 3rd Battery of sexually violent predators facility staff. 496 784.075 3rd Battery on detention or commitment facility staff. 497 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. 498 784.08(2)(c) 3rd Battery on a person 65 years of age or older. 499 784.081(3) 3rd Battery on specified official or employee. 500 784.082(3) 3rd Battery by detained person on visitor or other detainee. 501 784.083(3) 3rd Battery on code inspector. 502 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. 503 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian. 504 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. 505 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. 506 787.07 3rd Human smuggling. 507 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school. 508 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property. 509 790.115(2)(c) 3rd Possessing firearm on school property. 510 794.051(1) 3rd Indecent, lewd, or lascivious touching of certain minors. 511 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years. 512 806.135 2nd Destroying or demolishing a memorial or historic property. 513 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. 514 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. 515 810.06 3rd Burglary; possession of tools. 516 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon. 517 810.145(3)(b) 3rd Digital voyeurism dissemination. 518 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000. 519 812.014(2)(c)4. &6.-10. 3rd Grand theft, 3rd degree; specified items. 520 812.014(2)(d)2. 3rd Grand theft, 3rd degree; $750 or more taken from dwelling or its unenclosed curtilage. 521 812.014(2)(e)3. 3rd Petit theft, 1st degree; less than $40 taken from dwelling or its unenclosed curtilage with two or more prior theft convictions. 522 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more. 523 817.505(4)(a) 3rd Patient brokering. 524 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. 525 817.568(2)(a) 3rd Fraudulent use of personal identification information. 526 817.5695(3)(c) 3rd Exploitation of person 65 years of age or older, value less than $10,000. 527 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder. 528 817.625(2)(c) 3rd Possess, sell, or deliver skimming device. 529 827.073(2)(a) 3rd Possession, control, or intentionally viewing of an altered sexual depiction of an identifiable minor. 530 827.073(2)(b) 3rd Generation of an altered sexual depiction of a minor. 531 827.073(2)(c) 3rd Solicitation of an altered sexual depiction of an identifiable minor. 532 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. 533 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it. 534 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose. 535 837.02(1) 3rd Perjury in official proceedings. 536 837.021(1) 3rd Make contradictory statements in official proceedings. 537 838.022 3rd Official misconduct. 538 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency. 539 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families. 540 843.021 3rd Possession of a concealed handcuff key by a person in custody. 541 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. 542 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping). 543 843.19(2) 2nd Injure, disable, or kill police, fire, or SAR canine or police horse. 544 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years. 545 870.01(3) 2nd Aggravated rioting. 546 870.01(5) 2nd Aggravated inciting a riot. 547 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang. 548 893.13(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). 549 914.14(2) 3rd Witnesses accepting bribes. 550 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant. 551 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury. 552 916.1085(2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities. 553 918.12 3rd Tampering with jurors. 554 934.215 3rd Use of two-way communications device to facilitate commission of a crime. 555 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution. 556 951.22(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. 557 Section 6.This act shall take effect October 1, 2025.
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