| 2 | | - | Florida Senate - 2025 CS for CS for CS for SB 1180 By the Committee on Fiscal Policy; the Appropriations Committee on Criminal and Civil Justice; the Committee on Criminal Justice; and Senator Gaetz 594-03850A-25 20251180c3 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 knowingly soliciting 13 specified depictions of child pornography; specifying 14 that the solicitation of each specified depiction or 15 each child depicted is a separate offense; providing 16 criminal penalties; revising applicability; creating 17 s. 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 an identifiable minor; providing criminal penalties 26 for persons who solicit an altered sexual depiction of 27 a minor, without consent of the identifiable minor, 28 and who know or reasonably should have known that such 29 visual depiction was an altered sexual depiction; 30 providing criminal penalties for persons who willfully 31 and intentionally promote an altered sexual depiction 32 of an identifiable minor and who know or reasonably 33 should have known that such visual depiction was an 34 altered sexual depiction; providing for a civil cause 35 of action; providing for injunctive relief, damages, 36 and attorney fees and costs; providing applicability; 37 amending s. 836.13, F.S.; defining the term 38 generate; providing criminal penalties for persons 39 who possess with the intent to promote an altered 40 sexual depiction of an identifiable person without the 41 consent of the identifiable person; providing criminal 42 penalties for persons who intentionally generate an 43 altered sexual depiction of an identifiable person, 44 without the consent of the identifiable person; 45 providing criminal penalties for persons who solicit 46 an altered sexual depiction of an identifiable person, 47 without the consent of the identifiable person, and 48 who know or reasonably should have known that such 49 visual depiction was an altered sexual depiction; 50 revising the list of what is not considered a defense 51 to such offenses; providing for a civil cause of 52 action; providing for injunctive relief, damages, and 53 attorney fees and costs; revising and providing 54 applicability; amending s. 921.0022, F.S.; ranking 55 offenses created by and an offense revised by the act 56 for purposes of the severity ranking chart of the 57 Criminal Punishment Code; providing an effective date. 58 59 Be It Enacted by the Legislature of the State of Florida: 60 61 Section 1.Section 800.045, Florida Statutes, is created to 62 read: 63 800.045Lewd or lascivious images; penalties. 64 (1)As used in this section, the term: 65 (a)Identifiable minor means a person: 66 1.Who was younger than 16 years of age at the time the 67 lewd or lascivious image was created, altered, adapted, or 68 modified, or whose image was used in the creating, altering, 69 adapting, or modifying of the lewd or lascivious image; and 70 2.Who is recognizable as an actual person by the persons 71 face, likeness, or other distinguishing characteristic, such as 72 a unique birthmark, or other recognizable feature. 73 74 The term may not be construed to require proof of the actual 75 identity of the identifiable minor. 76 (b)Intentionally view has the same meaning as in s. 77 827.071. 78 (c)Lewd or lascivious image means: 79 1.Any image depicting lewd or lascivious exhibition in 80 violation of s. 800.04(7); or 81 2.Any image that has been created, altered, adapted, or 82 modified by electronic, mechanical, or other means, to portray 83 lewd or lascivious exhibition in violation of s. 800.04(7) 84 committed in the presence of an identifiable minor. 85 (d)Promote has the same meaning as in s. 827.071. 86 (2)It is unlawful for any person to possess with the 87 intent to promote any photograph, motion picture, exhibition, 88 show, representation, or other presentation which, in whole or 89 in part, includes a lewd or lascivious image. The possession of 90 three or more copies of such photograph, motion picture, 91 representation, or presentation is prima facie evidence of an 92 intent to promote. A person who violates this subsection commits 93 a felony of the second degree, punishable as provided in s. 94 775.082, s. 775.083, or s. 775.084. 95 (3)(a)It is unlawful for any person to knowingly solicit, 96 possess, control, or intentionally view a photograph, motion 97 picture, exhibition, show, representation, image, data, computer 98 depiction, or other presentation, in whole or in part, which he 99 or she knows to include a lewd or lascivious image. The 100 solicitation, possession, control, or intentional viewing of 101 each such photograph, motion picture, exhibition, show, image, 102 data, computer depiction, representation, or presentation is a 103 separate offense. If such photograph, motion picture, 104 exhibition, show, representation, image, data, computer 105 depiction, or other presentation includes a lewd or lascivious 106 image depicting more than one minor, each such minor in each 107 such photograph, motion picture, exhibition, show, 108 representation, image, data, computer depiction, or other 109 presentation that is knowingly solicited, possessed, controlled, 110 or intentionally viewed is a separate offense. A person who 111 violates this paragraph commits a felony of the third degree, 112 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 113 (b)Paragraph (a) does not apply to any material solicited, 114 possessed, controlled, or intentionally viewed as part of a law 115 enforcement investigation. 116 (4)Prosecution of a person for an offense under this 117 section does not preclude prosecution of that person in this 118 state for a violation of any other law of this state, including 119 a law providing for greater penalties than prescribed in this 120 section or any other crime punishing the sexual performance or 121 the sexual exploitation of children. 122 (5)This section does not apply to a provider of an 123 interactive computer service as defined in 47 U.S.C. s. 230(f) 124 which uses artificial intelligence as defined in 15 U.S.C. s. 125 9401(3), unless the provider of an interactive computer service 126 exists primarily to create images prohibited under this section. 127 Section 2.Paragraph (l) of subsection (1) and subsection 128 (5) of section 827.071, Florida Statutes, are amended, and 129 subsection (6) of that section is republished, to read: 130 827.071Sexual performance by a child; child pornography; 131 penalties. 132 (1) As used in this section, the following definitions 133 shall apply: 134 (l)1.Sexual conduct means actual or simulated sexual 135 intercourse, deviate sexual intercourse, sexual bestiality, 136 masturbation, or sadomasochistic abuse; actual or simulated lewd 137 exhibition of the genitals; actual physical contact with a 138 persons clothed or unclothed genitals, pubic area, buttocks, 139 or, if such person is a female, breast, with the intent to 140 arouse or gratify the sexual desire of either party; or any act 141 or conduct which constitutes sexual battery or simulates that 142 sexual battery is being or will be committed. A mothers 143 breastfeeding of her baby does not under any circumstance 144 constitute sexual conduct. 145 2.As used in subparagraph 1., actual or simulated lewd 146 exhibition of the genitals may be evidenced by the overall 147 content of an image, taking into account the age of the minor 148 depicted and, including, but not limited to, whether: 149 a.The focal point of the image is on the minors genitals; 150 b.The setting of the image is sexually suggestive or in a 151 place or pose generally associated with sexual conduct; 152 c.The minor is depicted in an unnatural pose, or in 153 inappropriate attire, considering the age of the minor; 154 d.The image suggests sexual coyness or a willingness to 155 engage in sexual conduct; or 156 e.The image is intended or designed to elicit a sexual 157 response in the viewer. 158 (5)(a)It is unlawful for any person to knowingly solicit, 159 possess, control, or intentionally view a photograph, motion 160 picture, exhibition, show, representation, image, data, computer 161 depiction, or other presentation which, in whole or in part, he 162 or she knows to include child pornography. The solicitation, 163 possession, control, or intentional viewing of each such 164 photograph, motion picture, exhibition, show, image, data, 165 computer depiction, representation, or presentation is a 166 separate offense. If such photograph, motion picture, 167 exhibition, show, representation, image, data, computer 168 depiction, or other presentation includes child pornography 169 depicting more than one child, then each such child in each such 170 photograph, motion picture, exhibition, show, representation, 171 image, data, computer depiction, or other presentation that is 172 knowingly solicited, possessed, controlled, or intentionally 173 viewed is a separate offense. A person who violates this 174 paragraph commits a felony of the third degree, punishable as 175 provided in s. 775.082, s. 775.083, or s. 775.084. 176 (b)Paragraph (a) does not apply to any material solicited, 177 possessed, controlled, or intentionally viewed as part of a law 178 enforcement investigation. 179 (6)Prosecution of a person for an offense under this 180 section does not preclude prosecution of that person in this 181 state for a violation of any other law of this state, including 182 a law providing for greater penalties than prescribed in this 183 section or any other crime punishing the sexual performance or 184 the sexual exploitation of children. 185 Section 3.Section 827.073, Florida Statutes, is created to 186 read: 187 827.073Altered sexual depiction of a minor; prohibited 188 acts; penalties; applicability. 189 (1)As used in this section, the terms: 190 (a)Altered sexual depiction, generate, and visual 191 depiction have the same meaning as in s. 836.13. 192 (b)Identifiable minor, intentionally view, and 193 promote have the same meaning as in s. 827.071. 194 (c)Possess means to knowingly or intentionally keep, 195 control, maintain, store, or own, physically or electronically, 196 any altered sexual depiction of an identifiable person, without 197 the consent of the identifiable person. 198 (2)(a) It is unlawful for a person to knowingly possess, 199 control, or intentionally view a visual depiction that, in whole 200 or in part, he or she knows includes an altered sexual depiction 201 of an identifiable minor. The possession or control of three or 202 more copies of such visual depiction is prima facie evidence of 203 an intent to promote. The possession, control, or intentional 204 viewing of each visual depiction is a separate offense. A person 205 who violates this paragraph commits a felony of the third 206 degree, punishable as provided in s. 775.082, s. 775.083, or s. 207 775.084. 208 (b) A person who intentionally generates an altered sexual 209 depiction of an identifiable minor commits a felony of the third 210 degree, punishable as provided in s. 775.082, s. 775.083, or s. 211 775.084. 212 (c)A person who solicits any altered sexual depiction of 213 an identifiable minor and who knows or reasonably should have 214 known that such visual depiction was an altered sexual depiction 215 of an identifiable minor commits a felony of the third degree, 216 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 217 (d)A person who willfully and intentionally promotes an 218 altered sexual depiction of an identifiable minor, and who knows 219 or reasonably should have known that such visual depiction was 220 an altered sexual depiction of an identifiable minor, commits a 221 felony of the second degree, punishable as provided in s. 222 775.082, s. 775.083, or s. 775.084. 223 (3)An aggrieved person may initiate a civil action against 224 a person who violates subsection (2) to obtain appropriate 225 relief in order to prevent or remedy a violation of subsection 226 (2), including all of the following: 227 (a)Injunctive relief. 228 (b)Monetary damages to include $10,000 or actual damages 229 incurred as a result of a violation of subsection (2), whichever 230 is greater. 231 (c)Reasonable attorney fees and costs. 232 (4)The criminal and civil penalties of this section do not 233 apply to: 234 (a)A provider of an interactive computer service as 235 defined in 47 U.S.C. s. 230(f), of an interactive computer 236 service as defined in 47 U.S.C. s. 230(f) which uses artificial 237 intelligence as defined in 15 U.S.C. s. 9401(3), unless the 238 provider of an interactive computer service exists primarily to 239 create images prohibited under this section, of an information 240 service as defined in 47 U.S.C. s. 153, or of a communications 241 service as defined in s. 202.11 which provides the transmission, 242 storage, or caching of electronic communications or messages of 243 others; another related telecommunications or commercial mobile 244 radio service; or content provided by another person; 245 (b)A law enforcement officer, as defined in s. 943.10, or 246 any local, state, federal, or military law enforcement agency 247 engaged in the performance of his or her duties as a law 248 enforcement officer or the duties of the law enforcement agency; 249 (c)A person reporting unlawful activity; 250 (d)A person participating in a hearing, trial, or other 251 legal proceeding; or 252 (e)An identifiable minor portrayed in an altered sexual 253 depiction who receives an altered sexual depiction of himself or 254 herself. 255 (5)A violation of this section is committed within this 256 state if any conduct that is an element of the offense, or any 257 harm to the depicted person resulting from the offense, occurs 258 within this state. 259 (6)Prosecution of a person for an offense under this 260 section does not preclude prosecution of that person in this 261 state for a violation of any other law of this state, including 262 a law providing for greater penalties than prescribed in this 263 section or any crime related to child pornography or the sexual 264 performance or the sexual exploitation of children. 265 Section 4.Section 836.13, Florida Statutes, is amended to 266 read: 267 836.13Promotion of an Altered sexual depictions depiction; 268 prohibited acts; penalties; applicability. 269 (1)As used in this section, the term: 270 (a)Altered sexual depiction means any visual depiction 271 that, as a result of any type of digital, electronic, 272 mechanical, or other modification, alteration, or adaptation, 273 depicts a realistic version of an identifiable person: 274 1.With the nude body parts of another person as the nude 275 body parts of the identifiable person; 276 2.With computer-generated nude body parts as the nude body 277 parts of the identifiable person; or 278 3.Engaging in sexual conduct as defined in s. 847.001 in 279 which the identifiable person did not engage. 280 (b)Generate means to create, alter, adapt, or modify any 281 image by electronic, mechanical, or other computer-generated 282 means to portray an identifiable person or to offer or agree to 283 do the same. 284 (c)(b) Identifiable person means a person who is 285 recognizable as an actual person by the persons face, likeness, 286 or other distinguishing characteristic, such as a unique 287 birthmark, or other recognizable feature. 288 (d)(c) Nude body parts means the human male or female 289 genitals, pubic area, or buttocks with less than fully opaque 290 covering; or the female breast with less than a fully opaque 291 covering of any portion thereof below the top of the nipple; or 292 the depiction of covered male genitals in a discernibly turgid 293 state. The term does not under any circumstances include a 294 mother breastfeeding her baby. 295 (e)(d) Promote means to issue, sell, give, provide, lend, 296 mail, deliver, transfer, transmit, transmute, publish, 297 distribute, circulate, disseminate, present, exhibit, send, 298 post, share, or advertise or to offer or agree to do the same. 299 (f)(e) Visual depiction includes, but is not limited to, 300 a photograph, picture, image, motion picture, film, video, or 301 other visual representation. 302 (2) A person who willfully and maliciously promotes, or 303 possesses with the intent to promote, any altered sexual 304 depiction of an identifiable person, without the consent of the 305 identifiable person, and who knows or reasonably should have 306 known that such visual depiction was an altered sexual 307 depiction, commits a felony of the third degree, punishable as 308 provided in s. 775.082, s. 775.083, or s. 775.084. 309 (3)A person who intentionally generates any altered sexual 310 depiction of an identifiable person, without the consent of the 311 identifiable person, commits a felony of the third degree, 312 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 313 (4)A person who solicits any altered sexual depiction of 314 an identifiable person, without the consent of the identifiable 315 person, and who knows or reasonably should have known that such 316 visual depiction was an altered sexual depiction, commits a 317 felony of the third degree, punishable as provided in s. 318 775.082, s. 775.083, or s. 775.084. 319 (5) Every act, thing, or transaction prohibited by this 320 section constitutes a separate offense and is punishable as 321 such. 322 (6)(4)The presence of a disclaimer within an altered 323 sexual depiction which notifies a viewer that the person or 324 persons depicted did not consent to or participate in the 325 generation creation or promotion of the material, or that the 326 person or persons depicted did not actually perform the actions 327 portrayed, is not a defense and does not relieve a person of 328 criminal liability under this section. 329 (7)(5)An aggrieved person may initiate a civil action 330 against a person who violates subsection (2), subsection (3), or 331 subsection (4) to obtain appropriate relief in order to prevent 332 or remedy a violation of subsection (2), subsection (3), or 333 subsection (4), including all of the following: 334 (a)Injunctive relief. 335 (b)Monetary damages to include $10,000 or actual damages 336 incurred as a result of a violation of subsection (2), 337 subsection (3), or subsection (4), whichever is greater. 338 (c)Reasonable attorney fees and costs. 339 (8)(6)The criminal and civil penalties of this section do 340 not apply to: 341 (a)A provider of an interactive computer service as 342 defined in 47 U.S.C. s. 230(f), of an interactive computer 343 service as defined in 47 U.S.C. s. 230(f) which uses artificial 344 intelligence as defined in 15 U.S.C. s. 9401(3), unless the 345 provider of an interactive computer service exists primarily to 346 create images prohibited under this section, of an information 347 service as defined in 47 U.S.C. s. 153, or of a communications 348 service as defined in s. 202.11 which provides the transmission, 349 storage, or caching of electronic communications or messages of 350 others; another related telecommunications or commercial mobile 351 radio service; or content provided by another person; 352 (b)A law enforcement officer, as defined in s. 943.10, or 353 any local, state, federal, or military law enforcement agency 354 engaged in that promotes an altered sexual depiction in 355 connection with the performance of his or her duties as a law 356 enforcement officer or the duties of the law enforcement agency; 357 (c)A person reporting unlawful activity; or 358 (d)A person participating in a hearing, trial, or other 359 legal proceeding; or 360 (e)An identifiable person portrayed in an altered sexual 361 depiction who receives an altered sexual depiction of himself or 362 herself. 363 (9)(7)A violation of this section is committed within this 364 state if any conduct that is an element of the offense, or any 365 harm to the depicted person resulting from the offense, occurs 366 within this state. 367 (10)(8)Prosecution of a person for an offense under this 368 section does not preclude prosecution of that person in this 369 state for a violation of any other law of this state, including 370 a law providing for greater penalties than prescribed in this 371 section or any other crime related to child pornography or the 372 sexual performance or the sexual exploitation of children. 373 Section 5.Paragraphs (b), (c), (f), and (g) of subsection 374 (3) of section 921.0022, Florida Statutes, are amended to read: 375 921.0022Criminal Punishment Code; offense severity ranking 376 chart. 377 (3)OFFENSE SEVERITY RANKING CHART 378 (b)LEVEL 2 379 380 FloridaStatute FelonyDegree Description 381 379.2431(1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act. 382 379.2431(1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act. 383 403.413(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. 384 517.07(2) 3rd Failure to furnish a prospectus meeting requirements. 385 590.28(1) 3rd Intentional burning of lands. 386 784.03(3) 3rd Battery during a riot or an aggravated riot. 387 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death. 388 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits. 389 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service. 390 806.13(3) 3rd Criminal mischief; damage of $200 or more to a memorial or historic property. 391 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary. 392 810.09(2)(d) 3rd Trespassing on posted commercial horticulture property. 393 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or more but less than $5,000. 394 812.014(2)(d)1. 3rd Grand theft, 3rd degree; $40 or more but less than $750, taken from dwelling or its unenclosed curtilage. 395 812.014(2)(e)2. 3rd Petit theft, 1st degree; less than $40 taken from dwelling or its unenclosed curtilage with one prior theft conviction. 396 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure. 397 817.234(1)(a)2. 3rd False statement in support of insurance claim. 398 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300. 399 817.52(3) 3rd Failure to redeliver hired vehicle. 400 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation. 401 817.60(5) 3rd Dealing in credit cards of another. 402 817.60(6)(a) 3rd Forgery; purchase goods, services with false card. 403 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months. 404 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related. 405 831.01 3rd Forgery. 406 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud. 407 831.07 3rd Forging bank bills, checks, drafts, or promissory notes. 408 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts. 409 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes. 410 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes. 411 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud. 412 836.13(4) 3rd Soliciting an altered sexual depiction of an identifiable person without consent. 413 843.01(2) 3rd Resist police canine or police horse with violence; under certain circumstances. 414 843.08 3rd False personation. 415 843.19(3) 3rd Touch or strike police, fire, SAR canine or police horse. 416 893.13(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. 417 893.147(2) 3rd Manufacture or delivery of drug paraphernalia. 418 (c)LEVEL 3 419 420 FloridaStatute FelonyDegree Description 421 119.10(2)(b) 3rd Unlawful use of confidential information from police reports. 422 316.066(3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports. 423 316.193(2)(b) 3rd Felony DUI, 3rd conviction. 424 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 425 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed. 426 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home. 427 319.33(1)(c) 3rd Procure or pass title on stolen vehicle. 428 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 429 327.35(2)(b) 3rd Felony BUI. 430 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. 431 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 432 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. 433 379.2431(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. 434 379.2431(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. 435 379.2431(1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. 436 400.9935(4)(a)or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license. 437 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information. 438 440.1051(3) 3rd False report of workers compensation fraud or retaliation for making such a report. 439 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information. 440 624.401(4)(a) 3rd Transacting insurance without a certificate of authority. 441 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000. 442 626.902(1)(a) &(b) 3rd Representing an unauthorized insurer. 443 697.08 3rd Equity skimming. 444 790.15(3) 3rd Person directs another to discharge firearm from a vehicle. 445 794.053 3rd Lewd or lascivious written solicitation of a person 16 or 17 years of age by a person 24 years of age or older. 446 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. 447 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty. 448 810.09(2)(b) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. 449 810.145(2)(c) 3rd Digital voyeurism; 19 years of age or older. 450 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000. 451 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000. 452 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others. 453 812.081(2) 3rd Theft of a trade secret. 454 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property. 455 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. 456 817.233 3rd Burning to defraud insurer. 457 817.234(8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents. 458 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000. 459 817.236 3rd Filing a false motor vehicle insurance application. 460 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. 461 817.413(2) 3rd Sale of used goods of $1,000 or more as new. 462 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability. 463 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud. 464 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards. 465 836.13(2) 3rd Promoting, or possessing with intent to promote, Person who promotes an altered sexual depiction of an identifiable person without consent. 466 836.13(3) 3rd Generating an altered sexual depiction of an identifiable person without consent. 467 838.021(3)(b) 3rd Threatens unlawful harm to public servant. 468 847.01385 3rd Harmful communication to a minor. 469 860.15(3) 3rd Overcharging for repairs and parts. 470 870.01(2) 3rd Riot. 471 870.01(4) 3rd Inciting a riot. 472 893.13(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). 473 893.13(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. 474 893.13(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. 475 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances. 476 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis. 477 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. 478 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. 479 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance. 480 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893. 481 893.13(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. 482 893.13(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. 483 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person. 484 893.13(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. 485 918.13(1) 3rd Tampering with or fabricating physical evidence. 486 944.47(1)(a)1. & 2. 3rd Introduce contraband to correctional facility. 487 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution. 488 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility). 489 (f)LEVEL 6 490 491 FloridaStatute FelonyDegree Description 492 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury. 493 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction. 494 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license. 495 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement. 496 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person. 497 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person. 498 775.0875(1) 3rd Taking firearm from law enforcement officer. 499 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill. 500 784.021(1)(b) 3rd Aggravated assault; intent to commit felony. 501 784.041 3rd Felony battery; domestic battery by strangulation. 502 784.048(3) 3rd Aggravated stalking; credible threat. 503 784.048(5) 3rd Aggravated stalking of person under 16. 504 784.07(2)(c) 2nd Aggravated assault on law enforcement officer. 505 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff. 506 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older. 507 784.081(2) 2nd Aggravated assault on specified official or employee. 508 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee. 509 784.083(2) 2nd Aggravated assault on code inspector. 510 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01. 511 790.115(2)(d) 2nd Discharging firearm or weapon on school property. 512 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property. 513 790.164(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. 514 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. 515 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult. 516 794.05(1) 2nd Unlawful sexual activity with specified minor. 517 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years. 518 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older. 519 800.045(2) 2nd Possessing with intent to promote any photographic material, motion picture, etc., which includes a lewd or lascivious image. 520 800.045(3)(a) 3rd Soliciting, possessing, controlling, or viewing any photographic material, motion picture, etc., which includes a lewd or lascivious image. 521 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person. 522 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery. 523 810.145(8)(b) 2nd Digital voyeurism; certain minor victims; 2nd or subsequent offense. 524 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. 525 812.014(2)(c)5. 3rd Grand theft; third degree; firearm. 526 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others. 527 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction. 528 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 120 days is $3,000 or more; coordination of others. 529 812.015(9)(d) 2nd Retail theft; multiple thefts within specified period. 530 812.015(9)(e) 2nd Retail theft; committed with specified number of other persons and use of social media platform. 531 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery). 532 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones. 533 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death. 534 817.505(4)(b) 2nd Patient brokering; 10 or more patients. 535 817.5695(3)(b) 2nd Exploitation of person 65 years of age or older, value $10,000 or more, but less than $50,000. 536 825.102(1) 3rd Abuse of an elderly person or disabled adult. 537 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult. 538 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult. 539 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000. 540 827.03(2)(c) 3rd Abuse of a child. 541 827.03(2)(d) 3rd Neglect of a child. 542 827.071(5) 3rd Soliciting, possessing, controlling possess, control, or viewing intentionally view any photographic material, motion picture, etc., which includes child pornography. 543 827.073(2)(a) 3rd Possessing, controlling, or viewing an altered sexual depiction of an identifiable minor. 544 827.073(2)(c) 3rd Soliciting an altered sexual depiction of an identifiable minor. 545 828.126(3) 3rd Sexual activities involving animals. 546 836.05 2nd Threats; extortion. 547 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism. 548 843.12 3rd Aids or assists person to escape. 549 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors. 550 847.012 3rd Knowingly using a minor in the production of materials harmful to minors. 551 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. 552 893.131 2nd Distribution of controlled substances resulting in overdose or serious bodily injury. 553 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury. 554 918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a capital felony. 555 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm. 556 944.40 2nd Escapes. 557 944.46 3rd Harboring, concealing, aiding escaped prisoners. 558 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility. 559 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility. 560 (g)LEVEL 7 561 562 FloridaStatute FelonyDegree Description 563 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene. 564 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury. 565 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; 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. 566 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury. 567 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. 568 409.920(2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less. 569 409.920(2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000. 570 456.065(2) 3rd Practicing a health care profession without a license. 571 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury. 572 458.327(1) 3rd Practicing medicine without a license. 573 459.013(1) 3rd Practicing osteopathic medicine without a license. 574 460.411(1) 3rd Practicing chiropractic medicine without a license. 575 461.012(1) 3rd Practicing podiatric medicine without a license. 576 462.17 3rd Practicing naturopathy without a license. 577 463.015(1) 3rd Practicing optometry without a license. 578 464.016(1) 3rd Practicing nursing without a license. 579 465.015(2) 3rd Practicing pharmacy without a license. 580 466.026(1) 3rd Practicing dentistry or dental hygiene without a license. 581 467.201 3rd Practicing midwifery without a license. 582 468.366 3rd Delivering respiratory care services without a license. 583 483.828(1) 3rd Practicing as clinical laboratory personnel without a license. 584 483.901(7) 3rd Practicing medical physics without a license. 585 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription. 586 484.053 3rd Dispensing hearing aids without a license. 587 494.0018(2) 1st Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. 588 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business. 589 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. 590 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 591 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations. 592 775.21(10)(b) 3rd Sexual predator working where children regularly congregate. 593 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. 594 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. 595 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). 596 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide). 597 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). 598 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement. 599 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon. 600 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant. 601 784.048(4) 3rd Aggravated stalking; violation of injunction or court order. 602 784.048(7) 3rd Aggravated stalking; violation of court order. 603 784.07(2)(d) 1st Aggravated battery on law enforcement officer. 604 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff. 605 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older. 606 784.081(1) 1st Aggravated battery on specified official or employee. 607 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee. 608 784.083(1) 1st Aggravated battery on code inspector. 609 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult. 610 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state. 611 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). 612 790.16(1) 1st Discharge of a machine gun under specified circumstances. 613 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb. 614 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. 615 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. 616 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. 617 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. 618 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age. 619 796.05(1) 1st Live on earnings of a prostitute; 2nd offense. 620 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense. 621 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age. 622 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older. 623 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense. 624 806.01(2) 2nd Maliciously damage structure by fire or explosive. 625 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery. 626 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery. 627 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery. 628 810.02(3)(e) 2nd Burglary of authorized emergency vehicle. 629 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft. 630 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. 631 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft. 632 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle. 633 812.014(2)(g) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5. 634 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more. 635 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. 636 812.131(2)(a) 2nd Robbery by sudden snatching. 637 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon. 638 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000. 639 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud. 640 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision. 641 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more. 642 817.2341(2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. 643 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud. 644 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud. 645 817.535(2)(a) 3rd Filing false lien or other unauthorized document. 646 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents. 647 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 648 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000. 649 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement. 650 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older. 651 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance. 652 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography. 653 827.073(2)(b) 3rd Generating an altered sexual depiction of an identifiable minor. 654 827.073(2)(d) 2nd Promoting an altered sexual depiction of an identifiable minor. 655 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer. 656 838.015 2nd Bribery. 657 838.016 2nd Unlawful compensation or reward for official behavior. 658 838.021(3)(a) 2nd Unlawful harm to a public servant. 659 838.22 2nd Bid tampering. 660 843.0855(2) 3rd Impersonation of a public officer or employee. 661 843.0855(3) 3rd Unlawful simulation of legal process. 662 843.0855(4) 3rd Intimidation of a public officer or employee. 663 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act. 664 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act. 665 872.06 2nd Abuse of a dead human body. 666 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense. 667 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. 668 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. 669 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5., within 1,000 feet of property used for religious services or a specified business site. 670 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance. 671 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. 672 893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams. 673 893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams. 674 893.135(1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams. 675 893.135(1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams. 676 893.135(1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams. 677 893.135(1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams. 678 893.135(1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams. 679 893.135(1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams. 680 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms. 681 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams. 682 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. 683 893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. 684 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. 685 893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. 686 893.135(1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams. 687 893.135(1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams. 688 893.135(1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams. 689 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance. 690 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000. 691 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. 692 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements. 693 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. 694 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements. 695 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 696 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 697 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements. 698 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 699 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 700 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 701 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 702 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 703 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 704 Section 6.This act shall take effect October 1, 2025. |
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| 2 | + | 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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