Bill Text: FL S1798 | 2022 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
Florida Senate - 2022 SB 1798
By Senator Book
32-00021A-22 20221798__
1 A bill to be entitled
2 An act relating to sexually explicit material;
3 amending s. 775.0847, F.S.; redefining the term “child
4 pornography”; defining the term “digitization”;
5 amending s. 784.049, F.S.; increasing the monetary
6 damages that an aggrieved person may receive as a
7 result of violations relating to sexual
8 cyberharassment; creating s. 784.0491, F.S.; defining
9 terms; prohibiting persons from willfully and
10 maliciously creating and disseminating or selling any
11 sexually explicit image of a depicted individual
12 without that individual’s consent; providing criminal
13 penalties; prohibiting persons from willfully and
14 maliciously disseminating or selling any such image if
15 the persons knows or reasonably should have known the
16 image is digitized; providing criminal penalties;
17 providing enhanced criminal penalties for second or
18 subsequent offenses; authorizing a law enforcement
19 officer to arrest without a warrant any person he or
20 she has probable cause to believe has violated
21 specified provisions; authorizing the issuance of a
22 search warrant if certain conditions are met;
23 authorizing an aggrieved person to initiate a civil
24 action to obtain certain relief against a person who
25 violates specified provisions; providing
26 applicability; providing construction; creating s.
27 784.0492, F.S.; defining terms; prohibiting a person
28 from knowingly and unlawfully obtaining a specified
29 sexually explicit image of a person with a certain
30 intent; providing criminal penalties; prohibiting a
31 person from willfully possessing with a certain intent
32 a specified sexually explicit image of a person
33 without that person’s consent; providing criminal
34 penalties; prohibiting a person from willfully
35 disseminating for financial gain a specified sexually
36 explicit image of a person without that person’s
37 consent; providing criminal penalties; authorizing an
38 aggrieved person to initiate a civil action to obtain
39 certain relief against a person who violates specified
40 provisions; providing applicability; providing
41 construction; amending s. 827.071, F.S.; defining the
42 terms “child pornography” and “digitization”; revising
43 existing unlawful conduct relating to possessing with
44 the intent to promote and knowingly possessing,
45 controlling, or intentionally viewing presentations
46 that include child pornography, rather than sexual
47 conduct by a child; making technical changes; amending
48 s. 847.001, F.S.; redefining the term “child
49 pornography”; defining the term “digitization”;
50 amending s. 921.0022, F.S.; ranking offenses created
51 by this act for purposes of the offense severity
52 ranking chart of the Criminal Punishment Code;
53 amending ss. 288.1254 and 847.0141, F.S.; conforming
54 cross-references; providing an effective date.
55
56 Be It Enacted by the Legislature of the State of Florida:
57
58 Section 1. Present paragraphs (c) through (f) of subsection
59 (1) of section 775.0847, Florida Statutes, are redesignated as
60 paragraphs (d) through (g), respectively, a new paragraph (c) is
61 added to that subsection, and paragraph (b) of that subsection
62 is amended, to read:
63 775.0847 Possession or promotion of certain images of child
64 pornography; reclassification.—
65 (1) For purposes of this section:
66 (b) “Child pornography” means:
67 1. Any image depicting a minor engaged in sexual conduct;
68 or
69 2. Any image depicting an actual and identifiable minor who
70 appears, as a result of digitization, to be engaged in sexual
71 conduct.
72 (c) “Digitization” means to realistically depict any of the
73 following:
74 1. The nude body parts of another human being as the nude
75 body parts of a minor.
76 2. Computer-generated nude body parts as the nude body
77 parts of a minor.
78 3. A minor engaging in sexual conduct.
79
80 For purposes of sentencing under chapter 921 and determining
81 incentive gain-time eligibility under chapter 944, a felony
82 offense that is reclassified under this section is ranked one
83 level above the ranking under s. 921.0022 or s. 921.0023 of the
84 offense committed.
85 Section 2. Paragraph (b) of subsection (5) of section
86 784.049, Florida Statutes, is amended to read:
87 784.049 Sexual cyberharassment.—
88 (5) An aggrieved person may initiate a civil action against
89 a person who violates this section to obtain all appropriate
90 relief in order to prevent or remedy a violation of this
91 section, including the following:
92 (b) Monetary damages to include $10,000 $5,000 or actual
93 damages incurred as a result of a violation of this section,
94 whichever is greater.
95 Section 3. Section 784.0491, Florida Statutes, is created
96 to read:
97 784.0491 Unlawful dissemination of sexually explicit
98 material depicting an individual.—
99 (1) As used in this section, the term:
100 (a) “Depicted individual” means an actual and identifiable
101 person who appears, as a result of digitization, to be engaged
102 in a performance he or she did not actually perform or to be
103 performing in an altered depiction.
104 (b) “Digitization” means to realistically depict any of the
105 following:
106 1. The nude body parts of another human being as the nude
107 body parts of a depicted individual.
108 2. Computer-generated nude body parts as the nude body
109 parts of a depicted individual.
110 3. A depicted individual engaging in sexual conduct as
111 defined in s. 847.001 in which the depicted individual did not
112 engage.
113 (c) “Disseminate” includes, but is not limited to, the
114 publishing of an image to an Internet website or the transfer of
115 an image through electronic means to another person.
116 (d) “Image” includes, but is not limited to, any
117 photograph, picture, motion picture, film, video, or
118 representation.
119 (e) “Sexually explicit image” means any image depicting
120 nudity as defined in s. 847.001 or depicting a person engaging
121 in sexual conduct as defined in s. 847.001.
122 (2)(a) A person who willfully and maliciously creates and
123 disseminates or sells any sexually explicit image of a depicted
124 individual, without the consent of the depicted individual,
125 commits a misdemeanor of the first degree for a first offense,
126 punishable as provided in s. 775.082 or s. 775.083.
127 (b) A person who willfully and maliciously disseminates or
128 sells any sexually explicit image of a depicted individual,
129 without the consent of the depicted individual, and who knows or
130 reasonably should have known that such image was the result of
131 digitization, commits a misdemeanor of the first degree for a
132 first offense, punishable as provided in s. 775.082 or s.
133 775.083.
134 (c) A second or subsequent violation of paragraph (a) or
135 paragraph (b) is a felony of the third degree, punishable as
136 provided in s. 775.082, s. 775.083, or s. 775.084.
137 (3)(a) A law enforcement officer may arrest without a
138 warrant any person who he or she has probable cause to believe
139 has violated subsection (2).
140 (b) Upon proper affidavits being made, a search warrant may
141 be issued to further investigate a violation of subsection (2),
142 including to search a private dwelling.
143 (4) An aggrieved person may initiate a civil action against
144 a person who violates subsection (2) to obtain appropriate
145 relief in order to prevent or remedy a violation of subsection
146 (2), including all of the following:
147 (a) Injunctive relief.
148 (b) Monetary damages up to and including $5,000 or actual
149 damages incurred as a result of a violation of subsection (2),
150 whichever is greater.
151 (c) Reasonable attorney fees and costs.
152 (5) The criminal and civil penalties of this section do not
153 apply to:
154 (a) A provider of an interactive computer services as
155 defined in 47 U.S.C. s. 230(f), of an information service as
156 defined in 47 U.S.C. s. 153, or of a communications services as
157 defined in s. 202.11 which provides the transmission, storage,
158 or caching of electronic communications or messages of others;
159 another related telecommunications or commercial mobile radio
160 service; or content provided by another person; or
161 (b) A law enforcement officer, as defined in s. 943.10, or
162 any local, state, federal, or military law enforcement agency
163 that disseminates a sexually explicit image in connection with
164 the performance of his or her duties as a law enforcement
165 officer or the duties of the law enforcement agency.
166 (6) A violation of this section is committed within this
167 state if any conduct that is an element of the offense, or any
168 harm to the depicted individual resulting from the offense,
169 occurs within this state.
170 Section 4. Section 784.0492, Florida Statutes, is created
171 to read:
172 784.0492 Unlawful taking or criminal use of a sexually
173 explicit image.—
174 (1) As used in this section, the term:
175 (a) “Disseminate” includes, but is not limited to, the
176 publishing of an image to an Internet website or the transfer of
177 an image through electronic means to another person.
178 (b) “Image” includes, but is not limited to, any
179 photograph, picture, motion picture, film, video, or
180 representation.
181 (c) “Obtains” means any manner of taking or exercising
182 control over an image or obtaining an image by fraud, willful
183 misrepresentation, or false promise.
184 (d) “Personal identification information” means any
185 information that identifies an individual, and includes, but is
186 not limited to, any name, postal or electronic mail address,
187 telephone number, social security number, date of birth, or
188 unique physical representation.
189 (e) “Sexually explicit image” means any image depicting
190 nudity as defined in s. 847.001 or depicting a person engaging
191 in sexual conduct as defined in s. 847.001.
192 (2) A person who knowingly and unlawfully obtains a
193 sexually explicit image of a person which contains or conveys
194 the personal identification information of the depicted person
195 with the intent of causing substantial emotional distress to
196 that person commits the offense of unlawful taking of a sexually
197 explicit image, punishable as a felony of the third degree, as
198 provided in s. 775.082, s. 775.083, or s. 775.084.
199 (3) A person who willfully possesses with the intent to
200 disseminate for the purposes of pecuniary or any type of
201 financial gain a sexually explicit image of a person which
202 contains or conveys the personal identification information of
203 the depicted person without first obtaining that person’s
204 consent commits the offense of criminal use of a sexually
205 explicit image, punishable as a felony of the third degree, as
206 provided in s. 775.082, s. 775.083, or s. 775.084.
207 (4) A person who willfully disseminates for the purposes of
208 pecuniary or any type of financial gain a sexually explicit
209 image of a person which contains or conveys the personal
210 identification information of the depicted person without first
211 obtaining that person’s consent commits the offense of criminal
212 use of a sexually explicit image, punishable as a felony of the
213 second degree, as provided in s. 775.082, s. 775.083, or s.
214 775.084.
215 (5) Every act, thing, or transaction prohibited by this
216 section constitutes a separate offense and is punishable as
217 such.
218 (6) An aggrieved person may initiate a civil action against
219 a person who violates this section to obtain all appropriate
220 relief in order to prevent or remedy a violation of this
221 section, including the following:
222 (a) Injunctive relief.
223 (b) Monetary damages to include $10,000 or actual damages
224 incurred as a result of a violation of this section, whichever
225 is greater.
226 (c) Reasonable attorney fees and costs.
227 (7) The criminal and civil penalties of this section do not
228 apply to:
229 (a) A provider of an interactive computer services as
230 defined in 47 U.S.C. s. 230(f), of an information service as
231 defined in 47 U.S.C. s. 153, or of a communications services as
232 defined in s. 202.11 which provides the transmission, storage,
233 or caching of electronic communications or messages of others;
234 another related telecommunications or commercial mobile radio
235 service; or content provided by another person;
236 (b) A law enforcement officer, as defined in s. 943.10, or
237 any local, state, federal, or military law enforcement agency
238 that disseminates a sexually explicit image in connection with
239 the performance of his or her duties as a law enforcement
240 officer or the duties of the law enforcement agency; or
241 (c) Sexually explicit images involving voluntary exposure
242 in a public or commercial setting.
243 (8) A violation of this section is committed within this
244 state if any conduct that is an element of the offense, or any
245 harm to the depicted individual resulting from the offense,
246 occurs within this state.
247 Section 5. Section 827.071, Florida Statutes, is amended to
248 read:
249 827.071 Sexual performance by a child; child pornography;
250 penalties.—
251 (1) As used in this section, the term following definitions
252 shall apply:
253 (a) “Child pornography” means:
254 1. Any image depicting a minor engaged in sexual conduct;
255 or
256 2. Any image depicting an actual and identifiable minor who
257 appears, as a result of digitization, to be engaged in sexual
258 conduct.
259 (b) “Deviate sexual intercourse” means sexual conduct
260 between persons not married to each other consisting of contact
261 between the penis and the anus, the mouth and the penis, or the
262 mouth and the vulva.
263 (c) “Digitization” means to realistically depict any of the
264 following:
265 1. The nude body parts of another human being as the nude
266 body parts of a minor.
267 2. Computer-generated nude body parts as the nude body
268 parts of a minor.
269 3. A minor engaging in sexual conduct.
270 (d)(b) “Intentionally view” means to deliberately,
271 purposefully, and voluntarily view. Proof of intentional viewing
272 requires establishing more than a single image, motion picture,
273 exhibition, show, image, data, computer depiction,
274 representation, or other presentation over any period of time.
275 (e)(c) “Performance” means any play, motion picture,
276 photograph, or dance or any other visual representation
277 exhibited before an audience.
278 (f)(d) “Promote” means to procure, manufacture, issue,
279 sell, give, provide, lend, mail, deliver, transfer, transmute,
280 publish, distribute, circulate, disseminate, present, exhibit,
281 or advertise or to offer or agree to do the same.
282 (g)(e) “Sadomasochistic abuse” means flagellation or
283 torture by or upon a person, or the condition of being fettered,
284 bound, or otherwise physically restrained, for the purpose of
285 deriving sexual satisfaction from inflicting harm on another or
286 receiving such harm oneself.
287 (h)(f) “Sexual battery” means oral, anal, or vaginal
288 penetration by, or union with, the sexual organ of another or
289 the anal or vaginal penetration of another by any other object;
290 however, “sexual battery” does not include an act done for a
291 bona fide medical purpose.
292 (i)(g) “Sexual bestiality” means any sexual act between a
293 person and an animal involving the sex organ of the one and the
294 mouth, anus, or vagina of the other.
295 (j)(h) “Sexual conduct” means actual or simulated sexual
296 intercourse, deviate sexual intercourse, sexual bestiality,
297 masturbation, or sadomasochistic abuse; actual lewd exhibition
298 of the genitals; actual physical contact with a person’s clothed
299 or unclothed genitals, pubic area, buttocks, or, if such person
300 is a female, breast, with the intent to arouse or gratify the
301 sexual desire of either party; or any act or conduct which
302 constitutes sexual battery or simulates that sexual battery is
303 being or will be committed. A mother’s breastfeeding of her baby
304 does not under any circumstance constitute “sexual conduct.”
305 (k)(i) “Sexual performance” means any performance or part
306 thereof which includes sexual conduct by a child younger of less
307 than 18 years of age.
308 (l)(j) “Simulated” means the explicit depiction of conduct
309 set forth in paragraph (j) (h) which creates the appearance of
310 such conduct and which exhibits any uncovered portion of the
311 breasts, genitals, or buttocks.
312 (2) A person is guilty of the use of a child in a sexual
313 performance if, knowing the character and content thereof, he or
314 she employs, authorizes, or induces a child younger less than 18
315 years of age to engage in a sexual performance or, being a
316 parent, legal guardian, or custodian of such child, consents to
317 the participation by such child in a sexual performance. A
318 person who Whoever violates this subsection commits is guilty of
319 a felony of the second degree, punishable as provided in s.
320 775.082, s. 775.083, or s. 775.084.
321 (3) A person is guilty of promoting a sexual performance by
322 a child when, knowing the character and content thereof, he or
323 she produces, directs, or promotes any performance which
324 includes sexual conduct by a child younger less than 18 years of
325 age. A person who Whoever violates this subsection commits is
326 guilty of a felony of the second degree, punishable as provided
327 in s. 775.082, s. 775.083, or s. 775.084.
328 (4) It is unlawful for any person to possess with the
329 intent to promote any photograph, motion picture, exhibition,
330 show, representation, or other presentation which, in whole or
331 in part, includes child pornography any sexual conduct by a
332 child. The possession of three or more copies of such
333 photograph, motion picture, representation, or presentation is
334 prima facie evidence of an intent to promote. A person who
335 Whoever violates this subsection commits is guilty of a felony
336 of the second degree, punishable as provided in s. 775.082, s.
337 775.083, or s. 775.084.
338 (5)(a) It is unlawful for any person to knowingly possess,
339 control, or intentionally view a photograph, motion picture,
340 exhibition, show, representation, image, data, computer
341 depiction, or other presentation which, in whole or in part, he
342 or she knows to include child pornography any sexual conduct by
343 a child. The possession, control, or intentional viewing of each
344 such photograph, motion picture, exhibition, show, image, data,
345 computer depiction, representation, or presentation is a
346 separate offense. If such photograph, motion picture,
347 exhibition, show, representation, image, data, computer
348 depiction, or other presentation includes child pornography
349 depicting sexual conduct by more than one child, then each such
350 child in each such photograph, motion picture, exhibition, show,
351 representation, image, data, computer depiction, or other
352 presentation that is knowingly possessed, controlled, or
353 intentionally viewed is a separate offense. A person who
354 violates this paragraph subsection commits a felony of the third
355 degree, punishable as provided in s. 775.082, s. 775.083, or s.
356 775.084.
357 (b) Paragraph (a) This subsection does not apply to any
358 material possessed, controlled, or intentionally viewed as part
359 of a law enforcement investigation.
360 (6) Prosecution of a any person for an offense under this
361 section does shall not prohibit prosecution of that person in
362 this state for a violation of any other law of this state,
363 including a law providing for greater penalties than prescribed
364 in this section or any other crime punishing the sexual
365 performance or the sexual exploitation of children.
366 Section 6. Present subsections (6) through (20) of section
367 847.001, Florida Statutes, are redesignated as subsections (7)
368 through (21), respectively, a new subsection (6) is added to
369 that section, and subsection (3) and present subsection (19) of
370 that section are amended, to read:
371 847.001 Definitions.—As used in this chapter, the term:
372 (3) “Child pornography” means:
373 (a) Any image depicting a minor engaged in sexual conduct;
374 or
375 (b) Any image depicting an actual and identifiable minor
376 who appears, as a result of digitization, to be engaged in
377 sexual conduct.
378 (6) “Digitization” means to realistically depict any of the
379 following:
380 (a) The nude body parts of another human being as the nude
381 body parts of a minor.
382 (b) Computer-generated nude body parts as the nude body
383 parts of a minor.
384 (c) A minor engaging in sexual conduct.
385 (20)(19) “Simulated” means the explicit depiction of
386 conduct described in subsection (17) (16) which creates the
387 appearance of such conduct and which exhibits any uncovered
388 portion of the breasts, genitals, or buttocks.
389 Section 7. Paragraphs (d) and (e) of subsection (3) of
390 section 921.0022, Florida Statutes, are amended to read:
391 921.0022 Criminal Punishment Code; offense severity ranking
392 chart.—
393 (3) OFFENSE SEVERITY RANKING CHART
394 (d) LEVEL 4
395
396 FloridaStatute FelonyDegree Description
397 316.1935(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.
398 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
399 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
400 517.07(1) 3rd Failure to register securities.
401 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
402 784.0492(2) 3rd Unlawful taking of a sexually explicit image.
403 784.0492(3) 3rd Criminal use of a sexually explicit image.
404 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
405 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
406 784.075 3rd Battery on detention or commitment facility staff.
407 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
408 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
409 784.081(3) 3rd Battery on specified official or employee.
410 784.082(3) 3rd Battery by detained person on visitor or other detainee.
411 784.083(3) 3rd Battery on code inspector.
412 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
413 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
414 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
415 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
416 787.07 3rd Human smuggling.
417 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
418 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
419 790.115(2)(c) 3rd Possessing firearm on school property.
420 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
421 806.135 2nd Destroying or demolishing a memorial or historic property.
422 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
423 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
424 810.06 3rd Burglary; possession of tools.
425 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
426 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
427 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree; specified items.
428 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
429 817.505(4)(a) 3rd Patient brokering.
430 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
431 817.568(2)(a) 3rd Fraudulent use of personal identification information.
432 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
433 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
434 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
435 837.02(1) 3rd Perjury in official proceedings.
436 837.021(1) 3rd Make contradictory statements in official proceedings.
437 838.022 3rd Official misconduct.
438 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
439 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
440 843.021 3rd Possession of a concealed handcuff key by a person in custody.
441 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
442 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
443 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
444 870.01(3) 2nd Aggravated rioting.
445 870.01(5) 2nd Aggravated inciting a riot.
446 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
447 893.13(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).
448 914.14(2) 3rd Witnesses accepting bribes.
449 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
450 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
451 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
452 918.12 3rd Tampering with jurors.
453 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
454 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
455 951.22(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.
456 (e) LEVEL 5
457
458 FloridaStatute FelonyDegree Description
459 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
460 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
461 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
462 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
463 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
464 379.365(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.
465 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
466 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
467 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
468 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
469 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
470 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
471 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
472 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
473 784.0492(4) 2nd Criminal use of a sexually explicit image.
474 790.01(2) 3rd Carrying a concealed firearm.
475 790.162 2nd Threat to throw or discharge destructive device.
476 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
477 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
478 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
479 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
480 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
481 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
482 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
483 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
484 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
485 812.019(1) 2nd Stolen property; dealing in or trafficking in.
486 812.081(3) 2nd Trafficking in trade secrets.
487 812.131(2)(b) 3rd Robbery by sudden snatching.
488 812.16(2) 3rd Owning, operating, or conducting a chop shop.
489 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
490 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
491 817.2341(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.
492 817.568(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.
493 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
494 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
495 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
496 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child pornography.
497 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child pornography.
498 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
499 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
500 843.01 3rd Resist officer with violence to person; resist arrest with violence.
501 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
502 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
503 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
504 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
505 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
506 893.13(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).
507 893.13(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.
508 893.13(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.
509 893.13(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.
510 893.13(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.
511 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
512 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
513 Section 8. Paragraph (j) of subsection (1) of section
514 288.1254, Florida Statutes, is amended to read:
515 288.1254 Entertainment industry financial incentive
516 program.—
517 (1) DEFINITIONS.—As used in this section, the term:
518 (j) “Qualified production” means a production in this state
519 meeting the requirements of this section. The term does not
520 include a production:
521 1. In which, for the first 2 years of the incentive
522 program, less than 50 percent, and thereafter, less than 60
523 percent, of the positions that make up its production cast and
524 below-the-line production crew, or, in the case of digital media
525 projects, less than 75 percent of such positions, are filled by
526 legal residents of this state, whose residency is demonstrated
527 by a valid Florida driver license or other state-issued
528 identification confirming residency, or students enrolled full
529 time in a film-and-entertainment-related course of study at an
530 institution of higher education in this state; or
531 2. That contains obscene content as defined in s. 847.001
532 s. 847.001(10).
533 Section 9. Subsection (1) of section 847.0141, Florida
534 Statutes, is amended to read:
535 847.0141 Sexting; prohibited acts; penalties.—
536 (1) A minor commits the offense of sexting if he or she
537 knowingly:
538 (a) Uses a computer, or any other device capable of
539 electronic data transmission or distribution, to transmit or
540 distribute to another minor any photograph or video of any
541 person which depicts nudity, as defined in s. 847.001 s.
542 847.001(9), and is harmful to minors, as defined in s. 847.001
543 s. 847.001(6).
544 (b) Possesses a photograph or video of any person that was
545 transmitted or distributed by another minor which depicts
546 nudity, as defined in s. 847.001 s. 847.001(9), and is harmful
547 to minors, as defined in s. 847.001 s. 847.001(6). A minor does
548 not violate this paragraph if all of the following apply:
549 1. The minor did not solicit the photograph or video.
550 2. The minor took reasonable steps to report the photograph
551 or video to the minor’s legal guardian or to a school or law
552 enforcement official.
553 3. The minor did not transmit or distribute the photograph
554 or video to a third party.
555 Section 10. This act shall take effect October 1, 2022.
