Bill Text: FL S1798 | 2022 | Regular Session | Enrolled


Bill Title: Sexually Related Offenses

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Enrolled - Dead) 2022-03-08 - Ordered enrolled [S1798 Detail]

Download: Florida-2022-S1798-Enrolled.html
       ENROLLED
       2022 Legislature            CS for CS for SB 1798, 1st Engrossed
       
       
       
       
       
       
                                                             20221798er
    1  
    2         An act relating to sexually related offenses; amending
    3         s. 775.0847, F.S.; redefining terms; defining the term
    4         “identifiable minor”; revising the list of
    5         circumstances under which specified offenses may be
    6         reclassified; amending s. 784.049, F.S.; increasing
    7         the monetary damages that an aggrieved person may
    8         receive as a result of violations relating to sexual
    9         cyberharassment; amending s. 827.071, F.S.; defining
   10         and redefining terms; conforming provisions to changes
   11         made by the act; amending s. 828.126, F.S.; revising
   12         definitions; revising the prohibition on sexual
   13         activities with animals; increasing the criminal
   14         penalties for such sexual activities; requiring courts
   15         to issue orders prohibiting persons convicted of such
   16         sexual activities from engaging in specified
   17         activities, from residing in certain households, or
   18         from engaging in occupations or positions in which
   19         animals are present; revising applicability; creating
   20         s. 836.13, F.S.; defining terms; prohibiting the
   21         willful and malicious promotion of certain sexual
   22         depictions without consent; providing criminal
   23         penalties; providing a civil cause of action;
   24         providing applicability; providing construction;
   25         creating s. 836.14, F.S.; defining terms; prohibiting
   26         a person from committing theft of sexually explicit
   27         images with the intent to promote such images;
   28         prohibiting the willful possession of sexually
   29         explicit images with the intent to promote such images
   30         and with certain knowledge; prohibiting the promotion
   31         of sexually explicit images of identifiable persons
   32         for financial gain, without consent; providing
   33         criminal penalties; providing a civil cause of action;
   34         providing applicability; providing construction;
   35         amending s. 847.001, F.S.; redefining terms; defining
   36         the terms “identifiable minor” and “promote”; amending
   37         s. 847.011, F.S.; authorizing law enforcement officers
   38         to arrest certain persons without a warrant;
   39         authorizing a search warrant to be issued for further
   40         investigation upon proper affidavits being made;
   41         amending s. 847.0137, F.S.; deleting the definition of
   42         the term “minor”; redefining the term “transmit”;
   43         conforming provisions to changes made by the act;
   44         amending s. 921.0022, F.S.; ranking offenses created
   45         by this act for purposes of the severity ranking chart
   46         of the Criminal Punishment Code; conforming provisions
   47         to changes made by the act; amending ss. 288.1254 and
   48         847.0141, F.S.; conforming cross-references; providing
   49         an effective date.
   50          
   51  Be It Enacted by the Legislature of the State of Florida:
   52  
   53         Section 1. Section 775.0847, Florida Statutes, is amended
   54  to read:
   55         775.0847 Possession or promotion of certain images of child
   56  pornography; reclassification.—
   57         (1) For purposes of this section:
   58         (a) “Child” or “minor” means any person, whose identity is
   59  known or unknown, younger less than 18 years of age.
   60         (b) “Child pornography” means:
   61         1. Any image depicting a minor engaged in sexual conduct;
   62  or
   63         2. Any image that has been created, altered, adapted, or
   64  modified by electronic, mechanical, or other means, to portray
   65  an identifiable minor engaged in sexual conduct.
   66         (c) “Identifiable minor” means a person:
   67         1. Who was a minor at the time the image was created,
   68  altered, adapted, or modified, or whose image as a minor was
   69  used in the creating, altering, adapting, or modifying of the
   70  image; and
   71         2. Who is recognizable as an actual person by the person’s
   72  face, likeness, or other distinguishing characteristic, such as
   73  a unique birthmark, or other recognizable feature.
   74  
   75  The term may not be construed to require proof of the actual
   76  identity of the identifiable minor.
   77         (d)(c) “Sadomasochistic abuse” means flagellation or
   78  torture by or upon a person or the condition of being fettered,
   79  bound, or otherwise physically restrained, for the purpose of
   80  deriving sexual satisfaction, or satisfaction brought about as a
   81  result of sadistic violence, from inflicting harm on another or
   82  receiving such harm oneself.
   83         (e)(d) “Sexual battery” means oral, anal, or vaginal
   84  penetration by, or union with, the sexual organ of another or
   85  the anal or vaginal penetration of another by any other object;
   86  however, sexual battery does not include an act done for a bona
   87  fide medical purpose.
   88         (f)(e) “Sexual bestiality” means any sexual act, actual or
   89  simulated, between a person and an animal involving the sex
   90  organ of the one and the mouth, anus, or vagina of the other.
   91         (g)(f) “Sexual conduct” means actual or simulated sexual
   92  intercourse, deviate sexual intercourse, sexual bestiality,
   93  masturbation, or sadomasochistic abuse; actual or simulated lewd
   94  exhibition of the genitals; actual physical contact with a
   95  person’s clothed or unclothed genitals, pubic area, buttocks,
   96  or, if such person is a female, breast with the intent to arouse
   97  or gratify the sexual desire of either party; or any act or
   98  conduct which constitutes sexual battery or simulates that
   99  sexual battery is being or will be committed. A mother’s
  100  breastfeeding of her baby does not under any circumstance
  101  constitute “sexual conduct.”
  102         (2) A violation of s. 827.071, s. 847.0135, s. 847.0137, or
  103  s. 847.0138 shall be reclassified to the next higher degree as
  104  provided in subsection (3) if:
  105         (a) The offender possesses 10 or more images of any form of
  106  child pornography regardless of content; and
  107         (b) The content of at least one image contains one or more
  108  of the following:
  109         1. A child who is younger than the age of 5.
  110         2. Sadomasochistic abuse involving a child.
  111         3. Sexual battery involving a child.
  112         4. Sexual bestiality involving a child.
  113         5. Any motion picture, film, video, or computer-generated
  114  motion picture, film, or video movie involving a child,
  115  regardless of length and regardless of whether the motion
  116  picture, film, video, or computer-generated motion picture,
  117  film, or video movie contains sound.
  118         (3)(a) In the case of a felony of the third degree, the
  119  offense is reclassified to a felony of the second degree.
  120         (b) In the case of a felony of the second degree, the
  121  offense is reclassified to a felony of the first degree.
  122  
  123  For purposes of sentencing under chapter 921 and determining
  124  incentive gain-time eligibility under chapter 944, a felony
  125  offense that is reclassified under this section is ranked one
  126  level above the ranking under s. 921.0022 or s. 921.0023 of the
  127  offense committed.
  128         Section 2. Paragraph (b) of subsection (5) of section
  129  784.049, Florida Statutes, is amended to read:
  130         784.049 Sexual cyberharassment.—
  131         (5) An aggrieved person may initiate a civil action against
  132  a person who violates this section to obtain all appropriate
  133  relief in order to prevent or remedy a violation of this
  134  section, including the following:
  135         (b) Monetary damages to include $10,000 $5,000 or actual
  136  damages incurred as a result of a violation of this section,
  137  whichever is greater.
  138         Section 3. Section 827.071, Florida Statutes, is amended to
  139  read:
  140         827.071 Sexual performance by a child; child pornography;
  141  penalties.—
  142         (1) As used in this section, the following definitions
  143  shall apply:
  144         (a) “Child” or “minor” means any person, whose identity is
  145  known or unknown, younger than 18 years of age.
  146         (b) “Child pornography” means:
  147         1. Any image depicting a minor engaged in sexual conduct;
  148  or
  149         2. Any image that has been created, altered, adapted, or
  150  modified by electronic, mechanical, or other means, to portray
  151  an identifiable minor engaged in sexual conduct.
  152         (c)(a) “Deviate sexual intercourse” means sexual conduct
  153  between persons not married to each other consisting of contact
  154  between the penis and the anus, the mouth and the penis, or the
  155  mouth and the vulva.
  156         (d) “Identifiable minor” means a person:
  157         1. Who was a minor at the time the image was created,
  158  altered, adapted, or modified, or whose image as a minor was
  159  used in the creating, altering, adapting, or modifying of the
  160  image; and
  161         2. Who is recognizable as an actual person by the person’s
  162  face, likeness, or other distinguishing characteristic, such as
  163  a unique birthmark, or other recognizable feature.
  164  
  165  The term may not be construed to require proof of the actual
  166  identity of the identifiable minor.
  167         (e)(b) “Intentionally view” means to deliberately,
  168  purposefully, and voluntarily view. Proof of intentional viewing
  169  requires establishing more than a single image, motion picture,
  170  exhibition, show, image, data, computer depiction,
  171  representation, or other presentation over any period of time.
  172         (f)(c) “Performance” means any play, motion picture,
  173  photograph, or dance or any other visual representation
  174  exhibited before an audience.
  175         (g)(d) “Promote” means to procure, manufacture, issue,
  176  sell, give, provide, lend, mail, deliver, transfer, transmit,
  177  transmute, publish, distribute, circulate, disseminate, present,
  178  exhibit, send, post, share, or advertise or to offer or agree to
  179  do the same.
  180         (h)(e) “Sadomasochistic abuse” means flagellation or
  181  torture by or upon a person, or the condition of being fettered,
  182  bound, or otherwise physically restrained, for the purpose of
  183  deriving sexual satisfaction from inflicting harm on another or
  184  receiving such harm oneself.
  185         (i)(f) “Sexual battery” means oral, anal, or vaginal
  186  penetration by, or union with, the sexual organ of another or
  187  the anal or vaginal penetration of another by any other object;
  188  however, “sexual battery” does not include an act done for a
  189  bona fide medical purpose.
  190         (j)(g) “Sexual bestiality” means any sexual act between a
  191  person and an animal involving the sex organ of the one and the
  192  mouth, anus, or vagina of the other.
  193         (k)(h) “Sexual conduct” means actual or simulated sexual
  194  intercourse, deviate sexual intercourse, sexual bestiality,
  195  masturbation, or sadomasochistic abuse; actual or simulated lewd
  196  exhibition of the genitals; actual physical contact with a
  197  person’s clothed or unclothed genitals, pubic area, buttocks,
  198  or, if such person is a female, breast, with the intent to
  199  arouse or gratify the sexual desire of either party; or any act
  200  or conduct which constitutes sexual battery or simulates that
  201  sexual battery is being or will be committed. A mother’s
  202  breastfeeding of her baby does not under any circumstance
  203  constitute “sexual conduct.”
  204         (l)(i) “Sexual performance” means any performance or part
  205  thereof which includes sexual conduct by a child of less than 18
  206  years of age.
  207         (m)(j) “Simulated” means the explicit depiction of conduct
  208  set forth in paragraph (k) (h) which creates the appearance of
  209  such conduct and which exhibits any uncovered portion of the
  210  breasts, genitals, or buttocks.
  211         (2) A person is guilty of the use of a child in a sexual
  212  performance if, knowing the character and content thereof, he or
  213  she employs, authorizes, or induces a child less than 18 years
  214  of age to engage in a sexual performance or, being a parent,
  215  legal guardian, or custodian of such child, consents to the
  216  participation by such child in a sexual performance. A person
  217  who Whoever violates this subsection commits is guilty of a
  218  felony of the second degree, punishable as provided in s.
  219  775.082, s. 775.083, or s. 775.084.
  220         (3) A person is guilty of promoting a sexual performance by
  221  a child when, knowing the character and content thereof, he or
  222  she produces, directs, or promotes any performance which
  223  includes sexual conduct by a child less than 18 years of age. A
  224  person who Whoever violates this subsection commits is guilty of
  225  a felony of the second degree, punishable as provided in s.
  226  775.082, s. 775.083, or s. 775.084.
  227         (4) It is unlawful for any person to possess with the
  228  intent to promote any photograph, motion picture, exhibition,
  229  show, representation, or other presentation which, in whole or
  230  in part, includes child pornography any sexual conduct by a
  231  child. The possession of three or more copies of such
  232  photograph, motion picture, representation, or presentation is
  233  prima facie evidence of an intent to promote. A person who
  234  Whoever violates this subsection commits is guilty of a felony
  235  of the second degree, punishable as provided in s. 775.082, s.
  236  775.083, or s. 775.084.
  237         (5)(a) It is unlawful for any person to knowingly possess,
  238  control, or intentionally view a photograph, motion picture,
  239  exhibition, show, representation, image, data, computer
  240  depiction, or other presentation which, in whole or in part, he
  241  or she knows to include child pornography any sexual conduct by
  242  a child. The possession, control, or intentional viewing of each
  243  such photograph, motion picture, exhibition, show, image, data,
  244  computer depiction, representation, or presentation is a
  245  separate offense. If such photograph, motion picture,
  246  exhibition, show, representation, image, data, computer
  247  depiction, or other presentation includes child pornography
  248  depicting sexual conduct by more than one child, then each such
  249  child in each such photograph, motion picture, exhibition, show,
  250  representation, image, data, computer depiction, or other
  251  presentation that is knowingly possessed, controlled, or
  252  intentionally viewed is a separate offense. A person who
  253  violates this paragraph subsection commits a felony of the third
  254  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  255  775.084.
  256         (b) Paragraph (a) This subsection does not apply to any
  257  material possessed, controlled, or intentionally viewed as part
  258  of a law enforcement investigation.
  259         (6) Prosecution of a any person for an offense under this
  260  section does shall not preclude prohibit prosecution of that
  261  person in this state for a violation of any other law of this
  262  state, including a law providing for greater penalties than
  263  prescribed in this section or any other crime punishing the
  264  sexual performance or the sexual exploitation of children.
  265         Section 4. Section 828.126, Florida Statutes, is amended to
  266  read:
  267         828.126 Sexual activities involving animals.—
  268         (1) As used in this section, the term:
  269         (a) “Sexual conduct” means any touching or fondling by a
  270  person, either directly or through clothing, of the sex organs
  271  or anus of an animal or any transfer or transmission of semen by
  272  the person upon any part of the animal for the purpose of sexual
  273  gratification or arousal of the person.
  274         (b) “Sexual contact with an animal” means any act committed
  275  between a person and an animal for the purpose of sexual
  276  gratification, abuse, or financial gain which involves:
  277         (a) Contact between the sex organ or anus of one and the
  278  mouth, sex organ, or anus of the other;
  279         (b) The fondling of the sex organ or anus of an animal; or
  280         (c) The insertion, however slight, of any part of the body
  281  of a person or any object into the vaginal or anal opening of an
  282  animal, or the insertion of any part of the body of an animal
  283  into the vaginal or anal opening of a person contact, however
  284  slight, between the mouth, sex organ, or anus of a person and
  285  the sex organ or anus of an animal, or any penetration, however
  286  slight, of any part of the body of the person into the sex organ
  287  or anus of an animal, or any penetration of the sex organ or
  288  anus of the person into the mouth of the animal, for the purpose
  289  of sexual gratification or sexual arousal of the person.
  290         (2) A person may not:
  291         (a) Knowingly engage in any sexual conduct or sexual
  292  contact with an animal;
  293         (b) Knowingly cause, aid, or abet another person to engage
  294  in any sexual conduct or sexual contact with an animal;
  295         (c) Knowingly permit any sexual conduct or sexual contact
  296  with an animal to be conducted on any premises under his or her
  297  charge or control; or
  298         (d) Knowingly organize, promote, conduct, advertise, aid,
  299  abet, participate in as an observer, or advertise, offer,
  300  solicit, or accept an offer of an animal for the purpose of
  301  sexual contact with such animal, or perform any service in the
  302  furtherance of an act involving any sexual conduct or sexual
  303  contact with an animal; or
  304         (e) Knowingly film, distribute, or possess any pornographic
  305  image or video of a person and an animal engaged in any of the
  306  activities prohibited by this section for a commercial or
  307  recreational purpose.
  308         (3) A person who violates this section commits a felony of
  309  the third misdemeanor of the first degree, punishable as
  310  provided in s. 775.082, or s. 775.083, or s. 775.084.
  311         (4) In addition to other penalties prescribed by law, the
  312  court shall issue an order prohibiting a person convicted under
  313  this section from harboring, owning, possessing, or exercising
  314  control over any animal; from residing in any household in which
  315  animals are present; and from engaging in an occupation, whether
  316  paid or unpaid, or participating in a volunteer position at any
  317  establishment at which animals are present. The order may be
  318  effective for up to 5 years after the date of the conviction,
  319  regardless of whether adjudication is withheld.
  320         (5)(4) This section does not apply to accepted animal
  321  husbandry practices, including, but not limited to, bona fide
  322  agricultural purposes, assistance with the birthing process or
  323  artificial insemination of an animal for reproductive purposes,
  324  accepted conformation judging practices, or accepted veterinary
  325  medical practices.
  326         Section 5. Section 836.13, Florida Statutes, is created to
  327  read:
  328         836.13 Promotion of an altered sexual depiction; prohibited
  329  acts; penalties; applicability.—
  330         (1) As used in this section, the term:
  331         (a) “Altered sexual depiction” means any visual depiction
  332  that, as a result of any type of digital, electronic,
  333  mechanical, or other modification, alteration, or adaptation,
  334  depicts a realistic version of an identifiable person:
  335         1. With the nude body parts of another person as the nude
  336  body parts of the identifiable person;
  337         2. With computer-generated nude body parts as the nude body
  338  parts of the identifiable person; or
  339         3. Engaging in sexual conduct as defined in s. 847.001 in
  340  which the identifiable person did not engage.
  341         (b) “Identifiable person” means a person who is
  342  recognizable as an actual person by the person’s face, likeness,
  343  or other distinguishing characteristic, such as a unique
  344  birthmark, or other recognizable feature.
  345         (c) “Nude body parts” means the human male or female
  346  genitals, pubic area, or buttocks with less than fully opaque
  347  covering; or the female breast with less than a fully opaque
  348  covering of any portion thereof below the top of the nipple; or
  349  the depiction of covered male genitals in a discernibly turgid
  350  state. The term does not under any circumstances include a
  351  mother breastfeeding her baby.
  352         (d) “Promote” means to issue, sell, give, provide, lend,
  353  mail, deliver, transfer, transmit, transmute, publish,
  354  distribute, circulate, disseminate, present, exhibit, send,
  355  post, share, or advertise or to offer or agree to do the same.
  356         (e) “Visual depiction” includes, but is not limited to, a
  357  photograph, picture, image, motion picture, film, video, or
  358  other visual representation.
  359         (2) A person who willfully and maliciously promotes any
  360  altered sexual depiction of an identifiable person, without the
  361  consent of the identifiable person, and who knows or reasonably
  362  should have known that such visual depiction was an altered
  363  sexual depiction, commits a felony of the third degree,
  364  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  365         (3) Every act, thing, or transaction prohibited by this
  366  section constitutes a separate offense and is punishable as
  367  such.
  368         (4) The presence of a disclaimer within an altered sexual
  369  depiction which notifies a viewer that the person or persons
  370  depicted did not consent to or participate in the creation or
  371  promotion of the material, or that the person or persons
  372  depicted did not actually perform the actions portrayed, is not
  373  a defense and does not relieve a person of criminal liability
  374  under this section.
  375         (5) An aggrieved person may initiate a civil action against
  376  a person who violates subsection (2) to obtain appropriate
  377  relief in order to prevent or remedy a violation of subsection
  378  (2), including all of the following:
  379         (a) Injunctive relief.
  380         (b) Monetary damages to include $10,000 or actual damages
  381  incurred as a result of a violation of subsection (2), whichever
  382  is greater.
  383         (c) Reasonable attorney fees and costs.
  384         (6) The criminal and civil penalties of this section do not
  385  apply to:
  386         (a) A provider of an interactive computer service as
  387  defined in 47 U.S.C. s. 230(f), of an information service as
  388  defined in 47 U.S.C. s. 153, or of a communications service as
  389  defined in s. 202.11 which provides the transmission, storage,
  390  or caching of electronic communications or messages of others;
  391  another related telecommunications or commercial mobile radio
  392  service; or content provided by another person;
  393         (b) A law enforcement officer, as defined in s. 943.10, or
  394  any local, state, federal, or military law enforcement agency
  395  that promotes an altered sexual depiction in connection with the
  396  performance of his or her duties as a law enforcement officer or
  397  the duties of the law enforcement agency;
  398         (c) A person reporting unlawful activity; or
  399         (d) A person participating in a hearing, trial, or other
  400  legal proceeding.
  401         (7) A violation of this section is committed within this
  402  state if any conduct that is an element of the offense, or any
  403  harm to the depicted person resulting from the offense, occurs
  404  within this state.
  405         (8) Prosecution of a person for an offense under this
  406  section does not preclude prosecution of that person in this
  407  state for a violation of any other law of this state, including
  408  a law providing for greater penalties than prescribed in this
  409  section or any other crime related to child pornography or the
  410  sexual performance or the sexual exploitation of children.
  411         Section 6. Section 836.14, Florida Statutes, is created to
  412  read:
  413         836.14 Theft or unauthorized promotion of a sexually
  414  explicit image.—
  415         (1) As used in this section, the term:
  416         (a) “Identifiable person” has the same meaning as in s.
  417  836.13.
  418         (b) “Promote” has the same meaning as in s. 836.13.
  419         (c) “Sexually explicit image” means any image depicting an
  420  identifiable person portraying nudity as defined in s. 847.001
  421  or an identifiable person engaging in sexual conduct as defined
  422  in s. 847.001.
  423         (2) A person who commits a theft in violation of s. 812.014
  424  of a sexually explicit image with the intent to promote such
  425  image commits a felony of the third degree, punishable as
  426  provided in s. 775.082, s. 775.083, or s. 775.084.
  427         (3) A person who willfully possesses with the intent to
  428  promote a sexually explicit image for the purpose of pecuniary
  429  or any other financial gain, when he or she knows or should have
  430  known the image was obtained in violation of subsection (2),
  431  commits a felony of the third degree, punishable as provided in
  432  s. 775.082, s. 775.083, or s. 775.084.
  433         (4) A person who willfully promotes, through the use of
  434  print media, an Internet website, or other electronic means, for
  435  the purpose of pecuniary or any other financial gain a sexually
  436  explicit image without consent of the identifiable person
  437  commits a felony of the second degree, punishable as provided in
  438  s. 775.082, s. 775.083, or s. 775.084.
  439         (5) Every act, thing, or transaction prohibited by this
  440  section constitutes a separate offense and is punishable as
  441  such.
  442         (6) An aggrieved person may initiate a civil action against
  443  a person who violates this section to obtain all appropriate
  444  relief in order to prevent or remedy a violation of this
  445  section, including the following:
  446         (a) Injunctive relief.
  447         (b) Monetary damages to include $10,000 or actual damages
  448  incurred as a result of a violation of this section, whichever
  449  is greater.
  450         (c) Reasonable attorney fees and costs.
  451         (7) The criminal and civil penalties of this section do not
  452  apply to:
  453         (a) A provider of an interactive computer service as
  454  defined in 47 U.S.C. s. 230(f), of an information service as
  455  defined in 47 U.S.C. s. 153, or of a communications service as
  456  defined in s. 202.11 which provides the transmission, storage,
  457  or caching of electronic communications or messages of others;
  458  another related telecommunications or commercial mobile radio
  459  service; or content provided by another person;
  460         (b) A law enforcement officer, as defined in s. 943.10, or
  461  any local, state, federal, or military law enforcement agency
  462  that disseminates a sexually explicit image in connection with
  463  the performance of his or her duties as a law enforcement
  464  officer or the duties of the law enforcement agency;
  465         (c) A person reporting unlawful activity;
  466         (d) A person participating in a hearing, trial, or other
  467  legal proceeding;
  468         (e) Sexually explicit images involving voluntary exposure
  469  in a public or commercial setting; or
  470         (f) Sexually explicit images possessed or promoted by a
  471  bona fide news media organization for a legitimate and
  472  newsworthy purpose.
  473         (8) A violation of this section is committed within this
  474  state if any conduct that is an element of the offense, or any
  475  harm to the depicted individual resulting from the offense,
  476  occurs within this state.
  477         (9) Prosecution of a person for an offense under this
  478  section does not preclude prosecution of that person in this
  479  state for a violation of any other law of this state, including
  480  a law providing for greater penalties than prescribed in this
  481  section or any other crime related to child pornography or the
  482  sexual performance or the sexual exploitation of children.
  483         Section 7. Present subsections (7) through (11) and (12)
  484  through (20) of section 847.001, Florida Statutes, are
  485  redesignated as subsections (8) through (12) and (14) through
  486  (22), respectively, new subsections (7) and (13) are added to
  487  that section, and subsection (3) and present subsections (8),
  488  (16), and (19) of that section are amended, to read:
  489         847.001 Definitions.—As used in this chapter, the term:
  490         (3) “Child pornography” means:
  491         (a) Any image depicting a minor engaged in sexual conduct;
  492  or
  493         (b) Any image that has been created, altered, adapted, or
  494  modified by electronic, mechanical, or other means, to portray
  495  an identifiable minor engaged in sexual conduct.
  496         (7) “Identifiable minor” means a person:
  497         (a) Who was a minor at the time the image was created,
  498  altered, adapted, or modified, or whose image as a minor was
  499  used in the creating, altering, adapting, or modifying of the
  500  image; and
  501         (b) Who is recognizable as an actual person by the person’s
  502  face, likeness, or other distinguishing characteristic, such as
  503  a unique birthmark, or other recognizable feature.
  504  
  505  The term may not be construed to require proof of the actual
  506  identity of the identifiable minor.
  507         (9)(8) “Minor” or “child” means any person, whose identity
  508  is known or unknown, younger than under the age of 18 years of
  509  age.
  510         (13) “Promote” means to procure, manufacture, issue, sell,
  511  give, provide, lend, mail, deliver, transfer, transmit,
  512  transmute, publish, distribute, circulate, disseminate, present,
  513  exhibit, send, post, share, or advertise or to offer or agree to
  514  do the same.
  515         (18)(16) “Sexual conduct” means actual or simulated sexual
  516  intercourse, deviate sexual intercourse, sexual bestiality,
  517  masturbation, or sadomasochistic abuse; actual or simulated lewd
  518  exhibition of the genitals; actual physical contact with a
  519  person’s clothed or unclothed genitals, pubic area, buttocks,
  520  or, if such person is a female, breast with the intent to arouse
  521  or gratify the sexual desire of either party; or any act or
  522  conduct which constitutes sexual battery or simulates that
  523  sexual battery is being or will be committed. A mother’s
  524  breastfeeding of her baby does not under any circumstance
  525  constitute “sexual conduct.”
  526         (21)(19) “Simulated” means the explicit depiction of
  527  conduct described in subsection (18) (16) which creates the
  528  appearance of such conduct and which exhibits any uncovered
  529  portion of the breasts, genitals, or buttocks.
  530         Section 8. Subsection (5) of section 847.011, Florida
  531  Statutes, is amended to read:
  532         847.011 Prohibition of certain acts in connection with
  533  obscene, lewd, etc., materials; penalty.—
  534         (5)(a)1. A person may not knowingly sell, lend, give away,
  535  distribute, transmit, show, or transmute; offer to sell, lend,
  536  give away, distribute, transmit, show, or transmute; have in his
  537  or her possession, custody, or control with the intent to sell,
  538  lend, give away, distribute, transmit, show, or transmute; or
  539  advertise in any manner an obscene, child-like sex doll.
  540         2.a. Except as provided in sub-subparagraph b., a person
  541  who violates this paragraph commits a felony of the third
  542  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  543  775.084.
  544         b. A person who is convicted of violating this paragraph a
  545  second or subsequent time commits a felony of the second degree,
  546  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  547         (b)1. Except as provided in subparagraph 2., a person who
  548  knowingly has in his or her possession, custody, or control an
  549  obscene, child-like sex doll commits a misdemeanor of the first
  550  degree, punishable as provided in s. 775.082 or s. 775.083.
  551         2. A person who is convicted of violating this paragraph a
  552  second or subsequent time commits a felony of the third degree,
  553  punishable as provided in s. 775.082 or s. 775.083.
  554         (c)1. A law enforcement officer may arrest without a
  555  warrant any person who he or she has probable cause to believe
  556  has violated paragraph (b).
  557         2. Upon proper affidavits being made, a search warrant may
  558  be issued to further investigate a violation of paragraph (b),
  559  including to search a private dwelling.
  560         Section 9. Subsections (1) through (4) of section 847.0137,
  561  Florida Statutes, are amended to read:
  562         847.0137 Transmission of pornography by electronic device
  563  or equipment prohibited; penalties.—
  564         (1) As used in this section, the term For purposes of this
  565  section:
  566         (a) “Minor” means any person less than 18 years of age.
  567         (b) “transmit” means the act of sending and causing to be
  568  delivered, including the act of providing access for receiving
  569  and causing to be delivered, any image, information, or data
  570  from one or more persons or places to one or more other persons
  571  or places over or through any medium, including the Internet or
  572  an interconnected network, by use of any electronic equipment or
  573  other device.
  574         (2) Notwithstanding ss. 847.012 and 847.0133, any person in
  575  this state who knew or reasonably should have known that he or
  576  she was transmitting child pornography, as defined in s.
  577  847.001, to another person in this state or in another
  578  jurisdiction commits a felony of the third degree, punishable as
  579  provided in s. 775.082, s. 775.083, or s. 775.084.
  580         (3) Notwithstanding ss. 847.012 and 847.0133, any person in
  581  any jurisdiction other than this state who knew or reasonably
  582  should have known that he or she was transmitting child
  583  pornography, as defined in s. 847.001, to any person in this
  584  state commits a felony of the third degree, punishable as
  585  provided in s. 775.082, s. 775.083, or s. 775.084.
  586         (4) This section shall not be construed to preclude
  587  prohibit prosecution of a person in this state or another
  588  jurisdiction for a violation of any law of this state, including
  589  a law providing for greater penalties than prescribed in this
  590  section, for the transmission of child pornography, as defined
  591  in s. 847.001, to any person in this state.
  592  
  593  The provisions of this section do not apply to subscription
  594  based transmissions such as list servers.
  595         Section 10. Paragraphs (c) through (f) of subsection (3) of
  596  section 921.0022, Florida Statutes, are amended to read:
  597         921.0022 Criminal Punishment Code; offense severity ranking
  598  chart.—
  599         (3) OFFENSE SEVERITY RANKING CHART
  600         (c) LEVEL 3
  601  
  602  FloridaStatute           FelonyDegree         Description          
  603  119.10(2)(b)                 3rd    Unlawful use of confidential information from police reports.
  604  316.066 (3)(b)-(d)           3rd    Unlawfully obtaining or using confidential crash reports.
  605  316.193(2)(b)                3rd    Felony DUI, 3rd conviction.   
  606  316.1935(2)                  3rd    Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  607  319.30(4)                    3rd    Possession by junkyard of motor vehicle with identification number plate removed.
  608  319.33(1)(a)                 3rd    Alter or forge any certificate of title to a motor vehicle or mobile home.
  609  319.33(1)(c)                 3rd    Procure or pass title on stolen vehicle.
  610  319.33(4)                    3rd    With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  611  327.35(2)(b)                 3rd    Felony BUI.                   
  612  328.05(2)                    3rd    Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  613  328.07(4)                    3rd    Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  614  376.302(5)                   3rd    Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  615  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.
  616  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.
  617  379.2431 (1)(e)7.            3rd    Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  618  400.9935(4)(a) or (b)        3rd    Operating a clinic, or offering services requiring licensure, without a license.
  619  400.9935(4)(e)               3rd    Filing a false license application or other required information or failing to report information.
  620  440.1051(3)                  3rd    False report of workers’ compensation fraud or retaliation for making such a report.
  621  501.001(2)(b)                2nd    Tampers with a consumer product or the container using materially false/misleading information.
  622  624.401(4)(a)                3rd    Transacting insurance without a certificate of authority.
  623  624.401(4)(b)1.              3rd    Transacting insurance without a certificate of authority; premium collected less than $20,000.
  624  626.902(1)(a) & (b)          3rd    Representing an unauthorized insurer.
  625  697.08                       3rd    Equity skimming.              
  626  790.15(3)                    3rd    Person directs another to discharge firearm from a vehicle.
  627  806.10(1)                    3rd    Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  628  806.10(2)                    3rd    Interferes with or assaults firefighter in performance of duty.
  629  810.09(2)(c)                 3rd    Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  630  812.014(2)(c)2.              3rd    Grand theft; $5,000 or more but less than $10,000.
  631  812.0145(2)(c)               3rd    Theft from person 65 years of age or older; $300 or more but less than $10,000.
  632  812.015(8)(b)                3rd    Retail theft with intent to sell; conspires with others.
  633  812.081(2)                   3rd    Theft of a trade secret.      
  634  815.04(5)(b)                 2nd    Computer offense devised to defraud or obtain property.
  635  817.034(4)(a)3.              3rd    Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  636  817.233                      3rd    Burning to defraud insurer.   
  637  817.234 (8)(b) & (c)         3rd    Unlawful solicitation of persons involved in motor vehicle accidents.
  638  817.234(11)(a)               3rd    Insurance fraud; property value less than $20,000.
  639  817.236                      3rd    Filing a false motor vehicle insurance application.
  640  817.2361                     3rd    Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  641  817.413(2)                   3rd    Sale of used goods of $1,000 or more as new.
  642  817.49(2)(b)1.               3rd    Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
  643  831.28(2)(a)                 3rd    Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
  644  831.29                       2nd    Possession of instruments for counterfeiting driver licenses or identification cards.
  645  836.13(2)                    3rd    Person who promotes an altered sexual depiction of an identifiable person without consent.
  646  838.021(3)(b)                3rd    Threatens unlawful harm to public servant.
  647  843.19                       2nd    Injure, disable, or kill police, fire, or SAR canine or police horse.
  648  860.15(3)                    3rd    Overcharging for repairs and parts.
  649  870.01(2)                    3rd    Riot.                         
  650  870.01(4)                    3rd    Inciting a riot.              
  651  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).
  652  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.
  653  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.
  654  893.13(4)(c)                 3rd    Use or hire of minor; deliver to minor other controlled substances.
  655  893.13(6)(a)                 3rd    Possession of any controlled substance other than felony possession of cannabis.
  656  893.13(7)(a)8.               3rd    Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  657  893.13(7)(a)9.               3rd    Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  658  893.13(7)(a)10.              3rd    Affix false or forged label to package of controlled substance.
  659  893.13(7)(a)11.              3rd    Furnish false or fraudulent material information on any document or record required by chapter 893.
  660  893.13(8)(a)1.               3rd    Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
  661  893.13(8)(a)2.               3rd    Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
  662  893.13(8)(a)3.               3rd    Knowingly write a prescription for a controlled substance for a fictitious person.
  663  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.
  664  918.13(1)(a)                 3rd    Alter, destroy, or conceal investigation evidence.
  665  944.47(1)(a)1. & 2.          3rd    Introduce contraband to correctional facility.
  666  944.47(1)(c)                 2nd    Possess contraband while upon the grounds of a correctional institution.
  667  985.721                      3rd    Escapes from a juvenile facility (secure detention or residential commitment facility).
  668         (d) LEVEL 4
  669  
  670  FloridaStatute             FelonyDegree         Description        
  671  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.
  672  499.0051(1)                     3rd     Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  673  499.0051(5)                     2nd     Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  674  517.07(1)                       3rd     Failure to register securities.
  675  517.12(1)                       3rd     Failure of dealer, associated person, or issuer of securities to register.
  676  784.07(2)(b)                    3rd     Battery of law enforcement officer, firefighter, etc.
  677  784.074(1)(c)                   3rd     Battery of sexually violent predators facility staff.
  678  784.075                         3rd     Battery on detention or commitment facility staff.
  679  784.078                         3rd     Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  680  784.08(2)(c)                    3rd     Battery on a person 65 years of age or older.
  681  784.081(3)                      3rd     Battery on specified official or employee.
  682  784.082(3)                      3rd     Battery by detained person on visitor or other detainee.
  683  784.083(3)                      3rd     Battery on code inspector. 
  684  784.085                         3rd     Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  685  787.03(1)                       3rd     Interference with custody; wrongly takes minor from appointed guardian.
  686  787.04(2)                       3rd     Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  687  787.04(3)                       3rd     Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  688  787.07                          3rd     Human smuggling.           
  689  790.115(1)                      3rd     Exhibiting firearm or weapon within 1,000 feet of a school.
  690  790.115(2)(b)                   3rd     Possessing electric weapon or device, destructive device, or other weapon on school property.
  691  790.115(2)(c)                   3rd     Possessing firearm on school property.
  692  800.04(7)(c)                    3rd     Lewd or lascivious exhibition; offender less than 18 years.
  693  806.135                         2nd     Destroying or demolishing a memorial or historic property.
  694  810.02(4)(a)                    3rd     Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  695  810.02(4)(b)                    3rd     Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  696  810.06                          3rd     Burglary; possession of tools.
  697  810.08(2)(c)                    3rd     Trespass on property, armed with firearm or dangerous weapon.
  698  812.014(2)(c)3.                 3rd     Grand theft, 3rd degree $10,000 or more but less than $20,000.
  699  812.014 (2)(c)4.-10.            3rd     Grand theft, 3rd degree; specified items.
  700  812.0195(2)                     3rd     Dealing in stolen property by use of the Internet; property stolen $300 or more.
  701  817.505(4)(a)                   3rd     Patient brokering.         
  702  817.563(1)                      3rd     Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  703  817.568(2)(a)                   3rd     Fraudulent use of personal identification information.
  704  817.625(2)(a)                   3rd     Fraudulent use of scanning device, skimming device, or reencoder.
  705  817.625(2)(c)                   3rd     Possess, sell, or deliver skimming device.
  706  828.125(1)                      2nd     Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  707  836.14(2)                       3rd     Person who commits theft of a sexually explicit image with intent to promote it.
  708  836.14(3)                       3rd     Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose.
  709  837.02(1)                       3rd     Perjury in official proceedings.
  710  837.021(1)                      3rd     Make contradictory statements in official proceedings.
  711  838.022                         3rd     Official misconduct.       
  712  839.13(2)(a)                    3rd     Falsifying records of an individual in the care and custody of a state agency.
  713  839.13(2)(c)                    3rd     Falsifying records of the Department of Children and Families.
  714  843.021                         3rd     Possession of a concealed handcuff key by a person in custody.
  715  843.025                         3rd     Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  716  843.15(1)(a)                    3rd     Failure to appear while on bail for felony (bond estreature or bond jumping).
  717  847.0135(5)(c)                  3rd     Lewd or lascivious exhibition using computer; offender less than 18 years.
  718  870.01(3)                       2nd     Aggravated rioting.        
  719  870.01(5)                       2nd     Aggravated inciting a riot.
  720  874.05(1)(a)                    3rd     Encouraging or recruiting another to join a criminal gang.
  721  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).
  722  914.14(2)                       3rd     Witnesses accepting bribes.
  723  914.22(1)                       3rd     Force, threaten, etc., witness, victim, or informant.
  724  914.23(2)                       3rd     Retaliation against a witness, victim, or informant, no bodily injury.
  725  916.1085 (2)(c)1.               3rd     Introduction of specified contraband into certain DCF facilities.
  726  918.12                          3rd     Tampering with jurors.     
  727  934.215                         3rd     Use of two-way communications device to facilitate commission of a crime.
  728  944.47(1)(a)6.                  3rd     Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
  729  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.
  730         (e) LEVEL 5
  731  
  732  FloridaStatute             FelonyDegree         Description        
  733  316.027(2)(a)                   3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  734  316.1935(4)(a)                  2nd     Aggravated fleeing or eluding.
  735  316.80(2)                       2nd     Unlawful conveyance of fuel; obtaining fuel fraudulently.
  736  322.34(6)                       3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  737  327.30(5)                       3rd     Vessel accidents involving personal injury; leaving scene.
  738  379.365(2)(c)1.                 3rd     Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
  739  379.367(4)                      3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  740  379.407(5)(b)3.                 3rd     Possession of 100 or more undersized spiny lobsters.
  741  381.0041(11)(b)                 3rd     Donate blood, plasma, or organs knowing HIV positive.
  742  440.10(1)(g)                    2nd     Failure to obtain workers’ compensation coverage.
  743  440.105(5)                      2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
  744  440.381(2)                      3rd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  745  624.401(4)(b)2.                 2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  746  626.902(1)(c)                   2nd     Representing an unauthorized insurer; repeat offender.
  747  790.01(2)                       3rd     Carrying a concealed firearm.
  748  790.162                         2nd     Threat to throw or discharge destructive device.
  749  790.163(1)                      2nd     False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  750  790.221(1)                      2nd     Possession of short-barreled shotgun or machine gun.
  751  790.23                          2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
  752  796.05(1)                       2nd     Live on earnings of a prostitute; 1st offense.
  753  800.04(6)(c)                    3rd     Lewd or lascivious conduct; offender less than 18 years of age.
  754  800.04(7)(b)                    2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
  755  806.111(1)                      3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  756  812.0145(2)(b)                  2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  757  812.015 (8)(a) & (c)-(e)        3rd     Retail theft; property stolen is valued at $750 or more and one or more specified acts.
  758  812.019(1)                      2nd     Stolen property; dealing in or trafficking in.
  759  812.081(3)                      2nd     Trafficking in trade secrets.
  760  812.131(2)(b)                   3rd     Robbery by sudden snatching.
  761  812.16(2)                       3rd     Owning, operating, or conducting a chop shop.
  762  817.034(4)(a)2.                 2nd     Communications fraud, value $20,000 to $50,000.
  763  817.234(11)(b)                  2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
  764  817.2341(1), (2)(a) & (3)(a)     3rd     Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
  765  817.568(2)(b)                   2nd     Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
  766  817.611(2)(a)                   2nd     Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  767  817.625(2)(b)                   2nd     Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  768  825.1025(4)                     3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  769  827.071(4)                      2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography sexual conduct by a child.
  770  827.071(5)                      3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography sexual conduct by a child.
  771  828.12(2)                       3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  772  836.14(4)                       2nd     Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
  773  839.13(2)(b)                    2nd     Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
  774  843.01                          3rd     Resist officer with violence to person; resist arrest with violence.
  775  847.0135(5)(b)                  2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
  776  847.0137 (2) & (3)              3rd     Transmission of pornography by electronic device or equipment.
  777  847.0138 (2) & (3)              3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
  778  874.05(1)(b)                    2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  779  874.05(2)(a)                    2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
  780  893.13(1)(a)1.                  2nd     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
  781  893.13(1)(c)2.                  2nd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  782  893.13(1)(d)1.                  1st     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
  783  893.13(1)(e)2.                  2nd     Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
  784  893.13(1)(f)1.                  1st     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
  785  893.13(4)(b)                    2nd     Use or hire of minor; deliver to minor other controlled substance.
  786  893.1351(1)                     3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  787         (f) LEVEL 6
  788  
  789  FloridaStatute    FelonyDegree           Description            
  790  316.027(2)(b)        2nd   Leaving the scene of a crash involving serious bodily injury.
  791  316.193(2)(b)        3rd   Felony DUI, 4th or subsequent conviction.
  792  400.9935(4)(c)       2nd   Operating a clinic, or offering services requiring licensure, without a license.
  793  499.0051(2)          2nd   Knowing forgery of transaction history, transaction information, or transaction statement.
  794  499.0051(3)          2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
  795  499.0051(4)          2nd   Knowing sale or transfer of prescription drug to unauthorized person.
  796  775.0875(1)          3rd   Taking firearm from law enforcement officer.
  797  784.021(1)(a)        3rd   Aggravated assault; deadly weapon without intent to kill.
  798  784.021(1)(b)        3rd   Aggravated assault; intent to commit felony.
  799  784.041              3rd   Felony battery; domestic battery by strangulation.
  800  784.048(3)           3rd   Aggravated stalking; credible threat.
  801  784.048(5)           3rd   Aggravated stalking of person under 16.
  802  784.07(2)(c)         2nd   Aggravated assault on law enforcement officer.
  803  784.074(1)(b)        2nd   Aggravated assault on sexually violent predators facility staff.
  804  784.08(2)(b)         2nd   Aggravated assault on a person 65 years of age or older.
  805  784.081(2)           2nd   Aggravated assault on specified official or employee.
  806  784.082(2)           2nd   Aggravated assault by detained person on visitor or other detainee.
  807  784.083(2)           2nd   Aggravated assault on code inspector.
  808  787.02(2)            3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
  809  790.115(2)(d)        2nd   Discharging firearm or weapon on school property.
  810  790.161(2)           2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  811  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.
  812  790.19               2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  813  794.011(8)(a)        3rd   Solicitation of minor to participate in sexual activity by custodial adult.
  814  794.05(1)            2nd   Unlawful sexual activity with specified minor.
  815  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.
  816  800.04(6)(b)         2nd   Lewd or lascivious conduct; offender 18 years of age or older.
  817  806.031(2)           2nd   Arson resulting in great bodily harm to firefighter or any other person.
  818  810.02(3)(c)         2nd   Burglary of occupied structure; unarmed; no assault or battery.
  819  810.145(8)(b)        2nd   Video voyeurism; certain minor victims; 2nd or subsequent offense.
  820  812.014(2)(b)1.      2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  821  812.014(6)           2nd   Theft; property stolen $3,000 or more; coordination of others.
  822  812.015(9)(a)        2nd   Retail theft; property stolen $750 or more; second or subsequent conviction.
  823  812.015(9)(b)        2nd   Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
  824  812.13(2)(c)         2nd   Robbery, no firearm or other weapon (strong-arm robbery).
  825  817.4821(5)          2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
  826  817.49(2)(b)2.       2nd   Willful making of a false report of a crime resulting in death.
  827  817.505(4)(b)        2nd   Patient brokering; 10 or more patients.
  828  825.102(1)           3rd   Abuse of an elderly person or disabled adult.
  829  825.102(3)(c)        3rd   Neglect of an elderly person or disabled adult.
  830  825.1025(3)          3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
  831  825.103(3)(c)        3rd   Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  832  827.03(2)(c)         3rd   Abuse of a child.                 
  833  827.03(2)(d)         3rd   Neglect of a child.               
  834  827.071(2) & (3)     2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
  835  828.126(3)           3rd   Sexual activities involving animals.
  836  836.05               2nd   Threats; extortion.               
  837  836.10               2nd   Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
  838  843.12               3rd   Aids or assists person to escape. 
  839  847.011              3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  840  847.012              3rd   Knowingly using a minor in the production of materials harmful to minors.
  841  847.0135(2)          3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  842  914.23               2nd   Retaliation against a witness, victim, or informant, with bodily injury.
  843  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.
  844  944.40               2nd   Escapes.                          
  845  944.46               3rd   Harboring, concealing, aiding escaped prisoners.
  846  944.47(1)(a)5.       2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  847  951.22(1)(i)         3rd   Firearm or weapon introduced into county detention facility.
  848         Section 11. Paragraph (j) of subsection (1) of section
  849  288.1254, Florida Statutes, is amended to read:
  850         288.1254 Entertainment industry financial incentive
  851  program.—
  852         (1) DEFINITIONS.—As used in this section, the term:
  853         (j) “Qualified production” means a production in this state
  854  meeting the requirements of this section. The term does not
  855  include a production:
  856         1. In which, for the first 2 years of the incentive
  857  program, less than 50 percent, and thereafter, less than 60
  858  percent, of the positions that make up its production cast and
  859  below-the-line production crew, or, in the case of digital media
  860  projects, less than 75 percent of such positions, are filled by
  861  legal residents of this state, whose residency is demonstrated
  862  by a valid Florida driver license or other state-issued
  863  identification confirming residency, or students enrolled full
  864  time in a film-and-entertainment-related course of study at an
  865  institution of higher education in this state; or
  866         2. That contains obscene content as defined in s. 847.001
  867  s. 847.001(10).
  868         Section 12. Subsection (1) of section 847.0141, Florida
  869  Statutes, is amended to read:
  870         847.0141 Sexting; prohibited acts; penalties.—
  871         (1) A minor commits the offense of sexting if he or she
  872  knowingly:
  873         (a) Uses a computer, or any other device capable of
  874  electronic data transmission or distribution, to transmit or
  875  distribute to another minor any photograph or video of any
  876  person which depicts nudity, as defined in s. 847.001 s.
  877  847.001(9), and is harmful to minors, as defined in s. 847.001
  878  s. 847.001(6).
  879         (b) Possesses a photograph or video of any person that was
  880  transmitted or distributed by another minor which depicts
  881  nudity, as defined in s. 847.001 s. 847.001(9), and is harmful
  882  to minors, as defined in s. 847.001 s. 847.001(6). A minor does
  883  not violate this paragraph if all of the following apply:
  884         1. The minor did not solicit the photograph or video.
  885         2. The minor took reasonable steps to report the photograph
  886  or video to the minor’s legal guardian or to a school or law
  887  enforcement official.
  888         3. The minor did not transmit or distribute the photograph
  889  or video to a third party.
  890         Section 13. This act shall take effect October 1, 2022.

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