Bill Text: FL S0160 | 2019 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Prohibited Acts in Connection with Obscene or Lewd Materials
Spectrum: Bipartisan Bill
Status: (Passed) 2019-05-24 - Chapter No. 2019-45, companion bill(s) passed, see CS/HB 7125 (Ch. 2019-167) [S0160 Detail]
Download: Florida-2019-S0160-Comm_Sub.html
Bill Title: Prohibited Acts in Connection with Obscene or Lewd Materials
Spectrum: Bipartisan Bill
Status: (Passed) 2019-05-24 - Chapter No. 2019-45, companion bill(s) passed, see CS/HB 7125 (Ch. 2019-167) [S0160 Detail]
Download: Florida-2019-S0160-Comm_Sub.html
Florida Senate - 2019 CS for SB 160
By the Committee on Criminal Justice; and Senator Book
591-02309-19 2019160c1
1 A bill to be entitled
2 An act relating to prohibited acts in connection with
3 obscene or lewd materials; amending s. 847.011, F.S.;
4 prohibiting a person from knowingly selling, lending,
5 giving away, distributing, transmitting, showing, or
6 transmuting; offering to commit such actions; having
7 in his or her possession, custody, or control with the
8 intent to commit such actions; or advertising in any
9 manner an obscene, child-like sex doll; providing
10 criminal penalties; prohibiting a person from
11 knowingly having in his or her possession, custody, or
12 control an obscene, child-like sex doll without the
13 intent to commit certain actions; providing criminal
14 penalties; reenacting ss. 772.102(1)(a), 847.02,
15 847.03, 847.09(2), 895.02(8)(a), 921.0022(3)(f),
16 933.02, 933.03, and 943.325(2)(g), F.S., relating to
17 the definition of the term “criminal activity,” the
18 confiscation of obscene material, an officer seizing
19 obscene material, legislative intent, the definition
20 of the term “racketeering activity,” level 6 of the
21 offense severity ranking chart, grounds for the
22 issuance of a search warrant, destruction of obscene
23 prints and literature, and the definition of the term
24 “qualifying offender,” respectively, to incorporate
25 the amendment made to s. 847.011, F.S., in references
26 thereto; providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Present subsections (5) through (10) of section
31 847.011, Florida Statutes, are redesignated as subsections (6)
32 through (11), respectively, and a new subsection (5) is added to
33 that section, to read:
34 847.011 Prohibition of certain acts in connection with
35 obscene, lewd, etc., materials; penalty.—
36 (5)(a) A person may not knowingly sell, lend, give away,
37 distribute, transmit, show, or transmute; offer to sell, lend,
38 give away, distribute, transmit, show, or transmute; have in his
39 or her possession, custody, or control with the intent to sell,
40 lend, give away, distribute, transmit, show, or transmute; or
41 advertise in any manner an obscene, child-like sex doll. A
42 person who violates this paragraph commits a misdemeanor of the
43 first degree, punishable as provided in s. 775.082 or s.
44 775.083.
45 (b) A person who is convicted of violating paragraph (a) a
46 second or subsequent time commits a felony of the third degree,
47 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
48 (c) A person who knowingly has in his or her possession,
49 custody, or control an obscene, child-like sex doll without
50 intent to sell, lend, give away, distribute, transmit, show,
51 transmute, or advertise the same, commits a misdemeanor of the
52 second degree, punishable as provided in s. 775.082 or s.
53 775.083. A person who, after having been convicted of violating
54 this subsection, thereafter violates any of its provisions
55 commits a misdemeanor of the first degree, punishable as
56 provided in s. 775.082 or s. 775.083. In any prosecution for
57 such possession, it is not necessary to allege or prove the
58 absence of such intent.
59 Section 2. For the purpose of incorporating the amendment
60 made by this act to section 847.011, Florida Statutes, in a
61 reference thereto, paragraph (a) of subsection (1) of section
62 772.102, Florida Statutes, is reenacted to read:
63 772.102 Definitions.—As used in this chapter, the term:
64 (1) “Criminal activity” means to commit, to attempt to
65 commit, to conspire to commit, or to solicit, coerce, or
66 intimidate another person to commit:
67 (a) Any crime that is chargeable by indictment or
68 information under the following provisions:
69 1. Section 210.18, relating to evasion of payment of
70 cigarette taxes.
71 2. Section 414.39, relating to public assistance fraud.
72 3. Section 440.105 or s. 440.106, relating to workers’
73 compensation.
74 4. Part IV of chapter 501, relating to telemarketing.
75 5. Chapter 517, relating to securities transactions.
76 6. Section 550.235 or s. 550.3551, relating to dogracing
77 and horseracing.
78 7. Chapter 550, relating to jai alai frontons.
79 8. Chapter 552, relating to the manufacture, distribution,
80 and use of explosives.
81 9. Chapter 562, relating to beverage law enforcement.
82 10. Section 624.401, relating to transacting insurance
83 without a certificate of authority, s. 624.437(4)(c)1., relating
84 to operating an unauthorized multiple-employer welfare
85 arrangement, or s. 626.902(1)(b), relating to representing or
86 aiding an unauthorized insurer.
87 11. Chapter 687, relating to interest and usurious
88 practices.
89 12. Section 721.08, s. 721.09, or s. 721.13, relating to
90 real estate timeshare plans.
91 13. Chapter 782, relating to homicide.
92 14. Chapter 784, relating to assault and battery.
93 15. Chapter 787, relating to kidnapping or human
94 trafficking.
95 16. Chapter 790, relating to weapons and firearms.
96 17. Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07,
97 relating to prostitution.
98 18. Chapter 806, relating to arson.
99 19. Section 810.02(2)(c), relating to specified burglary of
100 a dwelling or structure.
101 20. Chapter 812, relating to theft, robbery, and related
102 crimes.
103 21. Chapter 815, relating to computer-related crimes.
104 22. Chapter 817, relating to fraudulent practices, false
105 pretenses, fraud generally, and credit card crimes.
106 23. Section 827.071, relating to commercial sexual
107 exploitation of children.
108 24. Chapter 831, relating to forgery and counterfeiting.
109 25. Chapter 832, relating to issuance of worthless checks
110 and drafts.
111 26. Section 836.05, relating to extortion.
112 27. Chapter 837, relating to perjury.
113 28. Chapter 838, relating to bribery and misuse of public
114 office.
115 29. Chapter 843, relating to obstruction of justice.
116 30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
117 s. 847.07, relating to obscene literature and profanity.
118 31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
119 849.25, relating to gambling.
120 32. Chapter 893, relating to drug abuse prevention and
121 control.
122 33. Section 914.22 or s. 914.23, relating to witnesses,
123 victims, or informants.
124 34. Section 918.12 or s. 918.13, relating to tampering with
125 jurors and evidence.
126 Section 3. For the purpose of incorporating the amendment
127 made by this act to section 847.011, Florida Statutes, in a
128 reference thereto, section 847.02, Florida Statutes, is
129 reenacted to read:
130 847.02 Confiscation of obscene material.—Whenever anyone is
131 convicted under s. 847.011, the court in awarding sentence shall
132 make an order confiscating said obscene material and authorize
133 the sheriff of the county in which the material is held to
134 destroy the same. The sheriff shall file with the court a
135 certificate of his or her compliance.
136 Section 4. For the purpose of incorporating the amendment
137 made by this act to section 847.011, Florida Statutes, in a
138 reference thereto, section 847.03, Florida Statutes, is
139 reenacted to read:
140 847.03 Officer to seize obscene material.—Whenever any
141 officer arrests any person charged with any offense under s.
142 847.011, the officer shall seize said obscene material and take
143 the same into his or her custody to await the sentence of the
144 court upon the trial of the offender.
145 Section 5. For the purpose of incorporating the amendment
146 made by this act to section 847.011, Florida Statutes, in a
147 reference thereto, subsection (2) of section 847.09, Florida
148 Statutes, is reenacted to read:
149 847.09 Legislative intent.—
150 (2) Nothing in ss. 847.07-847.09 shall be construed to
151 repeal or in any way supersede the provisions of s. 847.011, s.
152 847.012, or s. 847.013.
153 Section 6. For the purpose of incorporating the amendment
154 made by this act to section 847.011, Florida Statutes, in a
155 reference thereto, paragraph (a) of subsection (8) of section
156 895.02, Florida Statutes, is reenacted to read:
157 895.02 Definitions.—As used in ss. 895.01-895.08, the term:
158 (8) “Racketeering activity” means to commit, to attempt to
159 commit, to conspire to commit, or to solicit, coerce, or
160 intimidate another person to commit:
161 (a) Any crime that is chargeable by petition, indictment,
162 or information under the following provisions of the Florida
163 Statutes:
164 1. Section 210.18, relating to evasion of payment of
165 cigarette taxes.
166 2. Section 316.1935, relating to fleeing or attempting to
167 elude a law enforcement officer and aggravated fleeing or
168 eluding.
169 3. Section 403.727(3)(b), relating to environmental
170 control.
171 4. Section 409.920 or s. 409.9201, relating to Medicaid
172 fraud.
173 5. Section 414.39, relating to public assistance fraud.
174 6. Section 440.105 or s. 440.106, relating to workers’
175 compensation.
176 7. Section 443.071(4), relating to creation of a fictitious
177 employer scheme to commit reemployment assistance fraud.
178 8. Section 465.0161, relating to distribution of medicinal
179 drugs without a permit as an Internet pharmacy.
180 9. Section 499.0051, relating to crimes involving
181 contraband, adulterated, or misbranded drugs.
182 10. Part IV of chapter 501, relating to telemarketing.
183 11. Chapter 517, relating to sale of securities and
184 investor protection.
185 12. Section 550.235 or s. 550.3551, relating to dogracing
186 and horseracing.
187 13. Chapter 550, relating to jai alai frontons.
188 14. Section 551.109, relating to slot machine gaming.
189 15. Chapter 552, relating to the manufacture, distribution,
190 and use of explosives.
191 16. Chapter 560, relating to money transmitters, if the
192 violation is punishable as a felony.
193 17. Chapter 562, relating to beverage law enforcement.
194 18. Section 624.401, relating to transacting insurance
195 without a certificate of authority, s. 624.437(4)(c)1., relating
196 to operating an unauthorized multiple-employer welfare
197 arrangement, or s. 626.902(1)(b), relating to representing or
198 aiding an unauthorized insurer.
199 19. Section 655.50, relating to reports of currency
200 transactions, when such violation is punishable as a felony.
201 20. Chapter 687, relating to interest and usurious
202 practices.
203 21. Section 721.08, s. 721.09, or s. 721.13, relating to
204 real estate timeshare plans.
205 22. Section 775.13(5)(b), relating to registration of
206 persons found to have committed any offense for the purpose of
207 benefiting, promoting, or furthering the interests of a criminal
208 gang.
209 23. Section 777.03, relating to commission of crimes by
210 accessories after the fact.
211 24. Chapter 782, relating to homicide.
212 25. Chapter 784, relating to assault and battery.
213 26. Chapter 787, relating to kidnapping or human
214 trafficking.
215 27. Chapter 790, relating to weapons and firearms.
216 28. Chapter 794, relating to sexual battery, but only if
217 such crime was committed with the intent to benefit, promote, or
218 further the interests of a criminal gang, or for the purpose of
219 increasing a criminal gang member’s own standing or position
220 within a criminal gang.
221 29. Former s. 796.03, former s. 796.035, s. 796.04, s.
222 796.05, or s. 796.07, relating to prostitution.
223 30. Chapter 806, relating to arson and criminal mischief.
224 31. Chapter 810, relating to burglary and trespass.
225 32. Chapter 812, relating to theft, robbery, and related
226 crimes.
227 33. Chapter 815, relating to computer-related crimes.
228 34. Chapter 817, relating to fraudulent practices, false
229 pretenses, fraud generally, credit card crimes, and patient
230 brokering.
231 35. Chapter 825, relating to abuse, neglect, or
232 exploitation of an elderly person or disabled adult.
233 36. Section 827.071, relating to commercial sexual
234 exploitation of children.
235 37. Section 828.122, relating to fighting or baiting
236 animals.
237 38. Chapter 831, relating to forgery and counterfeiting.
238 39. Chapter 832, relating to issuance of worthless checks
239 and drafts.
240 40. Section 836.05, relating to extortion.
241 41. Chapter 837, relating to perjury.
242 42. Chapter 838, relating to bribery and misuse of public
243 office.
244 43. Chapter 843, relating to obstruction of justice.
245 44. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
246 s. 847.07, relating to obscene literature and profanity.
247 45. Chapter 849, relating to gambling, lottery, gambling or
248 gaming devices, slot machines, or any of the provisions within
249 that chapter.
250 46. Chapter 874, relating to criminal gangs.
251 47. Chapter 893, relating to drug abuse prevention and
252 control.
253 48. Chapter 896, relating to offenses related to financial
254 transactions.
255 49. Sections 914.22 and 914.23, relating to tampering with
256 or harassing a witness, victim, or informant, and retaliation
257 against a witness, victim, or informant.
258 50. Sections 918.12 and 918.13, relating to tampering with
259 jurors and evidence.
260 Section 7. For the purpose of incorporating the amendment
261 made by this act to section 847.011, Florida Statutes, in a
262 reference thereto, paragraph (f) of subsection (3) of section
263 921.0022, Florida Statutes, is reenacted to read:
264 921.0022 Criminal Punishment Code; offense severity ranking
265 chart.—
266 (3) OFFENSE SEVERITY RANKING CHART
267 (f) LEVEL 6
268
269 FloridaStatute FelonyDegree Description
270 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
271 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
272 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
273 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
274 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
275 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
276 775.0875(1) 3rd Taking firearm from law enforcement officer.
277 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
278 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
279 784.041 3rd Felony battery; domestic battery by strangulation.
280 784.048(3) 3rd Aggravated stalking; credible threat.
281 784.048(5) 3rd Aggravated stalking of person under 16.
282 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
283 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
284 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
285 784.081(2) 2nd Aggravated assault on specified official or employee.
286 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
287 784.083(2) 2nd Aggravated assault on code inspector.
288 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
289 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
290 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
291 790.164(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.
292 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
293 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
294 794.05(1) 2nd Unlawful sexual activity with specified minor.
295 800.04(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.
296 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
297 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
298 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
299 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
300 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
301 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
302 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
303 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
304 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
305 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
306 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
307 825.102(1) 3rd Abuse of an elderly person or disabled adult.
308 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
309 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
310 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
311 827.03(2)(c) 3rd Abuse of a child.
312 827.03(2)(d) 3rd Neglect of a child.
313 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
314 836.05 2nd Threats; extortion.
315 836.10 2nd Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
316 843.12 3rd Aids or assists person to escape.
317 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
318 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
319 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
320 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
321 944.35(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.
322 944.40 2nd Escapes.
323 944.46 3rd Harboring, concealing, aiding escaped prisoners.
324 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
325 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
326 Section 8. For the purpose of incorporating the amendment
327 made by this act to section 847.011, Florida Statutes, in a
328 reference thereto, section 933.02, Florida Statutes, is
329 reenacted to read:
330 933.02 Grounds for issuance of search warrant.—Upon proper
331 affidavits being made, a search warrant may be issued under the
332 provisions of this chapter upon any of the following grounds:
333 (1) When the property shall have been stolen or embezzled
334 in violation of law;
335 (2) When any property shall have been used:
336 (a) As a means to commit any crime;
337 (b) In connection with gambling, gambling implements and
338 appliances; or
339 (c) In violation of s. 847.011 or other laws in reference
340 to obscene prints and literature;
341 (3) When any property constitutes evidence relevant to
342 proving that a felony has been committed;
343 (4) When any property is being held or possessed:
344 (a) In violation of any of the laws prohibiting the
345 manufacture, sale, and transportation of intoxicating liquors;
346 (b) In violation of the fish and game laws;
347 (c) In violation of the laws relative to food and drug; or
348 (d) In violation of the laws relative to citrus disease
349 pursuant to s. 581.184; or
350 (5) When the laws in relation to cruelty to animals, as
351 provided in chapter 828, have been or are violated in any
352 particular building or place.
353
354 This section also applies to any papers or documents used as a
355 means of or in aid of the commission of any offense against the
356 laws of the state.
357 Section 9. For the purpose of incorporating the amendment
358 made by this act to section 847.011, Florida Statutes, in a
359 reference thereto, section 933.03, Florida Statutes, is
360 reenacted to read:
361 933.03 Destruction of obscene prints and literature.—All
362 obscene prints and literature, or other things mentioned in s.
363 847.011 found by an officer in executing a search warrant, or
364 produced or brought into court, shall be safely kept so long as
365 is necessary for the purpose of being used as evidence in any
366 case, and as soon as may be afterwards, shall be destroyed by
367 order of the court before whom the case is brought.
368 Section 10. For the purpose of incorporating the amendment
369 made by this act to section 847.011, Florida Statutes, in a
370 reference thereto, paragraph (g) of subsection (2) of section
371 943.325, Florida Statutes, is reenacted to read:
372 943.325 DNA database.—
373 (2) DEFINITIONS.—As used in this section, the term:
374 (g) “Qualifying offender” means any person, including
375 juveniles and adults, who is:
376 1.a. Committed to a county jail;
377 b. Committed to or under the supervision of the Department
378 of Corrections, including persons incarcerated in a private
379 correctional institution operated under contract pursuant to s.
380 944.105;
381 c. Committed to or under the supervision of the Department
382 of Juvenile Justice;
383 d. Transferred to this state under the Interstate Compact
384 on Juveniles, part XIII of chapter 985; or
385 e. Accepted under Article IV of the Interstate Corrections
386 Compact, part III of chapter 941; and who is:
387 2.a. Convicted of any felony offense or attempted felony
388 offense in this state or of a similar offense in another
389 jurisdiction;
390 b. Convicted of a misdemeanor violation of s. 784.048, s.
391 810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an
392 offense that was found, pursuant to s. 874.04, to have been
393 committed for the purpose of benefiting, promoting, or
394 furthering the interests of a criminal gang as defined in s.
395 874.03; or
396 c. Arrested for any felony offense or attempted felony
397 offense in this state.
398 Section 11. This act shall take effect October 1, 2019.
