Sexual Offenses

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1
An act relating to sexual offenses; amending ss. 2
39.0138, 92.56, 92.561, 435.07, 456.074, 836.13, 3
836.14, 847.001, 847.002, 847.01357, 847.0139, 4
903.011, 948.06, 960.03, and 960.197, F.S.; replacing 5
the term "child pornography" with the term "child 6
sexual abuse material"; amending s. 775.0847, F.S.; 7
replacing the term "child pornography" with the term 8
"child sexual abuse material"; revising critera 9
related to the reclassification of specified offenses; 10
amending s. 794.0116, F.S.; revising mandatory minimum 11
sentences for certain sexual offenses by persons 12
previously convicted of sexual offenses; amending s. 13
827.071, F.S.; replacing the term "child pornography" 14
with the term "child sexual abuse material"; 15
increasing the penalty for employing, authorizing, or 16
inducing a child of a specified age to engage in a 17
sexual performance; prohibiting a person from 18
employing, authorizing, or inducing a child younger 19
than 12 years of age to engage in a sexual 20
performance; providing penalties; requiring mandatory 21
minimum sentences for certain offenses when committed 22
by specified offenders; increasing the penalty for 23
knowingly soliciting, possessing, controlling, or 24
intentionally viewing certain materials that include 25

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child sexual abuse material; providing applicability 26
of specified mandatory minimum sentences; amending s. 27
827.072, F.S.; replacing the term "child pornography" 28
with the term "child sexual abuse material"; providing 29
definitions; increasing the penalty for intentionally 30
creating generated child sexual abuse material; 31
prohibiting a person from transmitting child sexual 32
abuse material to another person; providing penalties; 33
amending s. 828.126, F.S.; revising punishments for 34
certain sexual activities involving animals; requiring 35
a certain court order to be effective for a certain 36
number of years; amending s. 847.011, F.S.; increasing 37
criminal penalties for possessing a child-like sex 38
doll; providing that a prosecution for certain acts in 39
connection with obscene, lewd, etc., materials does 40
not prohibit a person from being prosecuted for other 41
specified offenses; amending s. 847.0137, F.S.; 42
replacing the terms "pornography" and "child 43
pornography" with the term "child sexual abuse 44
material"; providing definitions; requiring mandatory 45
minimum sentences for certain offenses when committed 46
by specified offenders; specifying applicability; 47
amending s. 921.0022, F.S.; replacing the terms 48
"pornography" and "child pornography" with the term 49
"child sexual abuse material"; ranking offenses on the 50

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offense severity ranking chart of the Criminal 51
Punishment Code; providing an effective date. 52
53
Be It Enacted by the Legislature of the State of Florida: 54
55
Section 1. Paragraph (c) of subsection (3) of section 56
39.0138, Florida Statutes, is amended to read: 57
39.0138 Criminal history and other records checks; limit 58
on placement of a child.— 59
(3) The department may not place a child with a person 60
other than a parent if the criminal history records check 61
reveals that the person has been convicted of any felony that 62
falls within any of the following categories: 63
(c) Child sexual abuse material pornography or other 64
felony in which a child was a victim of the offense; or 65
Section 2. Subsection (3) of section 92.56, Florida 66
Statutes, is amended to read: 67
92.56 Judicial proceedings and court records involving 68
sexual offenses and human trafficking.— 69
(3) The state may use a pseudonym instead of the victim's 70
name to designate the victim of a crime described in s. 71
787.06(3)(a)1., (c)1., or (e)1., in s. 787.06(3)(b), (d), (f), 72
or (g), or in chapter 794 or chapter 800, or of child abuse, 73
aggravated child abuse, or sexual performance by a child as 74
described in chapter 827, or any crime involving the production, 75

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possession, or promotion of child sexual abuse material 76
pornography as described in chapter 847, in all court records 77
and records of court proceedings, both civil and criminal. 78
Section 3. Section 92.561, Florida Statutes, is amended to 79
read: 80
92.561 Prohibition on reproduction of child sexual abuse 81
material pornography.— 82
(1) In a criminal proceeding, any property or material 83
that portrays sexual performance by a child as defined in s. 84
827.071, constitutes generated child sexual abuse material 85
pornography as defined in s. 827.072, or constitutes child 86
sexual abuse material pornography as defined in s. 847.001, must 87
remain secured or locked in the care, custody, and control of a 88
law enforcement agency, the state attorney, or the court. 89
(2) Notwithstanding any law or rule of court, a court 90
shall deny, in a criminal proceeding, any request by the 91
defendant to copy, photograph, duplicate, or otherwise reproduce 92
any property or material that portrays sexual performance by a 93
child, constitutes generated child sexual abuse material 94
pornography, or constitutes child sexual abuse material 95
pornography so long as the state attorney makes the property or 96
material reasonably available to the defendant. 97
(3) For purposes of this section, property or material is 98
deemed to be reasonably available to the defendant if the state 99
attorney provides ample opportunity at a designated facility for 100

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the inspection, viewing, and examination of the property or 101
material that portrays sexual performance by a child, 102
constitutes generated child sexual abuse material pornography, 103
or constitutes child sexual abuse material pornography by the 104
defendant, his or her attorney, or any individual whom the 105
defendant uses as an expert during the discovery process or at a 106
court proceeding. 107
Section 4. Paragraph (c) of subsection (4) of section 108
435.07, Florida Statutes, is amended to read: 109
435.07 Exemptions from disqualification.—Unless otherwise 110
provided by law, the provisions of this section apply to 111
exemptions from disqualification for disqualifying offenses 112
revealed pursuant to background screenings required under this 113
chapter, regardless of whether those disqualifying offenses are 114
listed in this chapter or other laws. 115
(4) 116
(c) Disqualification from employment under this chapter 117
may not be removed from, and an exemption may not be granted to, 118
any current or prospective child care personnel, as defined in 119
s. 402.302(3), and such a person is disqualified from employment 120
as child care personnel, regardless of any previous exemptions 121
from disqualification, if the person has been registered as a 122
sex offender as described in 42 U.S.C. s. 9858f(c)(1)(C) or has 123
been arrested for and is awaiting final disposition of, has been 124
convicted or found guilty of, or entered a plea of guilty or 125

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nolo contendere to, regardless of adjudication, or has been 126
adjudicated delinquent and the record has not been sealed or 127
expunged for, any offense prohibited under any of the following 128
provisions of state law or a similar law of another 129
jurisdiction: 130
1. A felony offense prohibited under any of the following 131
statutes: 132
a. Chapter 741, relating to domestic violence. 133
b. Section 782.04, relating to murder. 134
c. Section 782.07, relating to manslaughter; aggravated 135
manslaughter of an elderly person or disabled adult; aggravated 136
manslaughter of a child; or aggravated manslaughter of an 137
officer, a firefighter, an emergency medical technician, or a 138
paramedic. 139
d. Section 784.021, relating to aggravated assault. 140
e. Section 784.045, relating to aggravated battery. 141
f. Section 787.01, relating to kidnapping. 142
g. Section 787.025, relating to luring or enticing a 143
child. 144
h. Section 787.04(2), relating to leading, taking, 145
enticing, or removing a minor beyond the state limits, or 146
concealing the location of a minor, with criminal intent pending 147
custody proceedings. 148
i. Section 787.04(3), relating to leading, taking, 149
enticing, or removing a minor beyond the state limits, or 150

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concealing the location of a minor, with criminal intent pending 151
dependency proceedings or proceedings concerning alleged abuse 152
or neglect of a minor. 153
j. Section 794.011, relating to sexual battery. 154
k. Former s. 794.041, relating to sexual activity with or 155
solicitation of a child by a person in familial or custodial 156
authority. 157
l. Section 794.05, relating to unlawful sexual activity 158
with certain minors. 159
m. Section 794.08, relating to female genital mutilation. 160
n. Section 806.01, relating to arson. 161
o. Section 826.04, relating to incest. 162
p. Section 827.03, relating to child abuse, aggravated 163
child abuse, or neglect of a child. 164
q. Section 827.04, relating to contributing to the 165
delinquency or dependency of a child. 166
r. Section 827.071, relating to sexual performance by a 167
child. 168
s. Chapter 847, relating to child sexual abuse material 169
pornography. 170
t. Chapter 893, relating to a drug abuse prevention and 171
control offense, if that offense was committed in the preceding 172
5 years. 173
u. Section 985.701, relating to sexual misconduct in 174
juvenile justice programs. 175

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2. A misdemeanor offense prohibited under any of the 176
following statutes: 177
a. Section 784.03, relating to battery, if the victim of 178
the offense was a minor. 179
b. Section 787.025, relating to luring or enticing a 180
child. 181
c. Chapter 847, relating to child sexual abuse material 182
pornography. 183
3. A criminal act committed in another state or under 184
federal law which, if committed in this state, constitutes an 185
offense prohibited under any statute listed in subparagraph 1. 186
or subparagraph 2. 187
Section 5. Paragraph (aa) of subsection (5) of section 188
456.074, Florida Statutes, is amended to read: 189
456.074 Certain health care practitioners; immediate 190
suspension of license.— 191
(5) The department shall issue an emergency order 192
suspending the license of any health care practitioner who is 193
arrested for committing or attempting, soliciting, or conspiring 194
to commit any act that would constitute a violation of any of 195
the following criminal offenses in this state or similar 196
offenses in another jurisdiction: 197
(aa) Section 847.0137, relating to the transmission of 198
child sexual abuse material pornography by electronic device or 199
equipment. 200

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Section 6. Paragraph (b) of subsection (1) and subsection 201
(2) of section 775.0847, Florida Statutes, are amended and 202
subsection (3) of that section is republished to read: 203
775.0847 Possession or promotion of certain images of 204
child sexual abuse material pornography; reclassification.— 205
(1) For purposes of this section: 206
(b) "Child sexual abuse material pornography" means: 207
1. Any image depicting a minor engaged in sexual conduct; 208
or 209
2. Any image that has been created, altered, adapted, or 210
modified by electronic, mechanical, or other means, to portray 211
an identifiable minor engaged in sexual conduct. 212
(2) A violation of s. 827.071, s. 847.0135, s. 847.0137, 213
or s. 847.0138 shall be reclassified to the next higher degree 214
as provided in subsection (3) if: 215
(a) The offender possesses 10 or more images of any form 216
of child sexual abuse material pornography regardless of 217
content; and 218
(b) The content of at least one image contains one or more 219
of the following: 220
1. A child who is younger than the age of 12 5. 221
2. Sadomasochistic abuse involving a child. 222
3. Sexual battery involving a child. 223
4. Sexual bestiality involving a child. 224
5. Any motion picture, film, video, or computer-generated 225

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motion picture, film, or video involving a child, regardless of 226
length and regardless of whether the motion picture, film, 227
video, or computer-generated motion picture, film, or video 228
contains sound. 229
(3)(a) In the case of a felony of the third degree, the 230
offense is reclassified to a felony of the second degree. 231
(b) In the case of a felony of the second degree, the 232
offense is reclassified to a felony of the first degree. 233
234
For purposes of sentencing under chapter 921 and determining 235
incentive gain-time eligibility under chapter 944, a felony 236
offense that is reclassified under this section is ranked one 237
level above the ranking under s. 921.0022 or s. 921.0023 of the 238
offense committed. 239
Section 7. Subsection (1) of section 794.0116, Florida 240
Statutes, is amended to read: 241
794.0116 Sexual offenses by persons previously convicted 242
of sexual offenses.— 243
(1) A person who was previously convicted of or had 244
adjudication withheld for an offense specified in s. 245
943.0435(1)(h)1.a. and commits a violation of s. 800.04(5); s. 246
825.1025(3); s. 827.071(2), (3), (4), or (5)(a); s. 847.0135; s. 247
847.0137; or s. 847.0145 shall be sentenced to a mandatory 248
minimum term of imprisonment as follows: 249
250

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Statute Mandatory Minimum
251
(a) 800.04(5) 15 10 years
252
(b) 825.1025(3) 10 years
253
(c) 827.071(2) 30 20 years
254
(d) 827.071(3) 20 years
255
(e) 827.071(4) 15 years
256
(f) 827.071(5)(a) 10 years
257
(g) 847.0135 10 years
258
(h) 847.0137 10 years
259
(i) 847.0145 30 20 years
260
Section 8. Paragraph (b) of subsection (1), subsections 261
(2), (3), and (4), and paragraph (a) of subsection (5) of 262
section 827.071, Florida Statutes, are amended, and subsection 263
(7) is added to that section, to read: 264
827.071 Sexual performance by a child; child sexual abuse 265

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material pornography; penalties.— 266
(1) As used in this section, the following definitions 267
shall apply: 268
(b) "Child sexual abuse material pornography" means: 269
1. Any image depicting a minor engaged in sexual conduct; 270
or 271
2. Any image that has been created, altered, adapted, or 272
modified by electronic, mechanical, or other means, to portray 273
an identifiable minor engaged in sexual conduct. 274
(2)(a) A person is guilty of the use of a child in a 275
sexual performance if, knowing the character and content 276
thereof, he or she employs, authorizes, or induces a child to 277
engage in a sexual performance or, being a parent, legal 278
guardian, or custodian of such child, consents to the 279
participation by such child in a sexual performance. A person 280
who violates this paragraph subsection commits a felony of the 281
first second degree, punishable as provided in s. 775.082, s. 282
775.083, or s. 775.084. Except as provided in subsection (7), a 283
person 18 years of age or older at the time of the offense who 284
is convicted of a violation of this paragraph must be sentenced 285
to a mandatory minimum term of imprisonment of 15 years. 286
(b) A person is guilty of aggravated use of a child in a 287
sexual performance if, knowing the character and content 288
thereof, he or she employs, authorizes, or induces a child 289
younger than 12 years of age to engage in a sexual performance. 290

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A person who violates this paragraph commits a life felony, 291
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 292
A person 18 years of age or older at the time of the offense who 293
is convicted of a violation of this paragraph must be sentenced 294
to a mandatory minimum term of imprisonment of 25 years. 295
(3) A person is guilty of promoting a sexual performance 296
by a child when, knowing the character and content thereof, he 297
or she produces, directs, or promotes any performance which 298
includes sexual conduct by a child. A person who violates this 299
subsection commits a felony of the second degree, punishable as 300
provided in s. 775.082, s. 775.083, or s. 775.084. Except as 301
provided in subsection (7), a person 18 years of age or older at 302
the time of the offense who is convicted of a violation of this 303
subsection must be sentenced to a mandatory minimum term of 304
imprisonment of 5 years. 305
(4) It is unlawful for any person to possess with the 306
intent to promote any photograph, motion picture, exhibition, 307
show, representation, or other presentation which, in whole or 308
in part, includes child sexual abuse material pornography. The 309
possession of three or more copies of such photograph, motion 310
picture, representation, or presentation is prima facie evidence 311
of an intent to promote. A person who violates this subsection 312
commits a felony of the second degree, punishable as provided in 313
s. 775.082, s. 775.083, or s. 775.084. 314
(5)(a) It is unlawful for any person to knowingly solicit, 315

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possess, control, or intentionally view a photograph, motion 316
picture, exhibition, show, representation, image, data, computer 317
depiction, or other presentation which, in whole or in part, he 318
or she knows to include child sexual abuse material pornography. 319
The solicitation, possession, control, or intentional viewing of 320
each such photograph, motion picture, exhibition, show, image, 321
data, computer depiction, representation, or presentation is a 322
separate offense. If such photograph, motion picture, 323
exhibition, show, representation, image, data, computer 324
depiction, or other presentation includes child sexual abuse 325
material pornography depicting more than one child, then each 326
such child in each such photograph, motion picture, exhibition, 327
show, representation, image, data, computer depiction, or other 328
presentation that is knowingly solicited, possessed, controlled, 329
or intentionally viewed is a separate offense. A person who 330
violates this paragraph commits a felony of the second third 331
degree, punishable as provided in s. 775.082, s. 775.083, or s. 332
775.084. 333
(7) A court is not required to impose a mandatory minimum 334
term of imprisonment for a violation of this section if the 335
court makes the following written findings related to the sexual 336
performance that forms the basis of the violation: 337
(a) The child depicted in the sexual performance was 14 338
years of age or older at the time the sexual performance was 339
created; 340

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(b) The sexual performance was created with the depicted 341
child's permission; 342
(c) The offender was not more than 4 years older than the 343
depicted child at the time the sexual performance was created; 344
and 345
(d) The offender did not promote the sexual performance to 346
any third party. 347
Section 9. Section 827.072, Florida Statutes, is amended 348
to read: 349
827.072 Generated child sexual abuse material 350
pornography.— 351
(1) As used in this section, the term: 352
(a) "Generated child sexual abuse material pornography" 353
means any image that has been created, altered, adapted, or 354
modified by electronic, mechanical, or other computer-generated 355
means to portray a fictitious person, who a reasonable person 356
would regard as being a real person younger than 18 years of 357
age, engaged in sexual conduct. 358
(b) "Intentionally view" has the same meaning as in s. 359
827.071. 360
(c) "Sexual conduct" has the same meaning as in s. 361
827.071. 362
(d) "Transmit" has the same meaning as in s. 847.0137. 363
(2)(a) It is unlawful for a person to knowingly possess or 364
control or intentionally view a photograph, a motion picture, a 365

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representation, an image, a data file, a computer depiction, or 366
any other presentation which, in whole or in part, he or she 367
knows includes generated child sexual abuse material 368
pornography. The possession, control, or intentional viewing of 369
each such photograph, motion picture, representation, image, 370
data file, computer depiction, or other presentation is a 371
separate offense. A person who violates this paragraph commits a 372
felony of the third degree, punishable as provided in s. 373
775.082, s. 775.083, or s. 775.084. 374
(b)1. Notwithstanding ss. 847.012 and 847.0133, any person 375
in this state who knew or reasonably should have known that he 376
or she was transmitting generated child sexual abuse material to 377
another person in this state or in another jurisdiction commits 378
a felony of the second degree, punishable as provided in s. 379
775.082, s. 775.083, or s. 775.084. 380
2. Notwithstanding ss. 847.012 and 847.0133, any person in 381
any jurisdiction other than this state who knew or reasonably 382
should have known that he or she was transmitting generated 383
child sexual abuse material to any person in this state commits 384
a felony of the second degree, punishable as provided in s. 385
775.082, s. 775.083, or s. 775.084. 386
3. A person is subject to prosecution in this state 387
pursuant to chapter 910 for any act or conduct proscribed by 388
this paragraph, including a person in a jurisdiction other than 389
this state, if the act or conduct violates subparagraph 2. 390

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(c) A person who intentionally creates generated child 391
sexual abuse material pornography commits a felony of the second 392
third degree, punishable as provided in s. 775.082, s. 775.083, 393
or s. 775.084. 394
(d)(c) Paragraph (a) does not apply to any material 395
possessed, controlled, or intentionally viewed as part of a law 396
enforcement investigation. 397
Section 10. Section 828.126, Florida Statutes, is amended 398
to read: 399
828.126 Sexual activities involving animals.— 400
(1) As used in this section, the term "sexual contact with 401
an animal" means any act committed between a person and an 402
animal for the purpose of sexual gratification, abuse, or 403
financial gain which involves: 404
(a) Contact between the sex organ or anus of one and the 405
mouth, sex organ, or anus of the other; 406
(b) The fondling of the sex organ or anus of an animal; or 407
(c) The insertion, however slight, of any part of the body 408
of a person or any object into the vaginal or anal opening of an 409
animal, or the insertion of any part of the body of an animal 410
into the vaginal or anal opening of a person. 411
(2) A person may not: 412
(a) knowingly engage in any sexual contact with an animal. 413
A person who violates this subsection commits a felony of the 414
second degree, punishable as provided in s. 775.082, s. 775.083, 415

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or s. 775.084.; 416
(3)(b) A person may not knowingly cause, aid, or abet 417
another person to engage in any sexual contact with an animal. A 418
person who violates this subsection commits a felony of the 419
second degree, punishable as provided in s. 775.082, s. 775.083, 420
or s. 775.084.; 421
(4)(c) A person may not knowingly permit any sexual 422
contact with an animal to be conducted on any premises under his 423
or her charge or control. A person who violates this subsection 424
commits a felony of the third degree, punishable as provided in 425
s. 775.082, s. 775.083, or s. 775.084.; 426
(5)(d) A person may not knowingly organize, promote, 427
conduct, aid, abet, participate in as an observer, or advertise, 428
offer, solicit, or accept an offer of an animal for the purpose 429
of sexual contact with such animal, or perform any service in 430
the furtherance of an act involving any sexual contact with an 431
animal. A person who violates this subsection commits a felony 432
of the third degree, punishable as provided in s. 775.082, s. 433
775.083, or s. 775.084.; or 434
(6)(e) A person may not knowingly film, distribute, or 435
possess any pornographic image or video of a person and an 436
animal engaged in any of the activities prohibited by this 437
section. 438
(3) A person who violates this subsection section commits 439
a felony of the third degree, punishable as provided in s. 440

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775.082, s. 775.083, or s. 775.084. 441
(7)(4) In addition to other penalties prescribed by law, 442
the court shall issue an order prohibiting a person convicted 443
under this section from harboring, owning, possessing, or 444
exercising control over any animal; from residing in any 445
household in which animals are present; and from engaging in an 446
occupation, whether paid or unpaid, or participating in a 447
volunteer position at any establishment at which animals are 448
present. The order shall may be effective for at least up to 5 449
years after the date of the conviction, regardless of whether 450
adjudication is withheld. 451
(8)(5) This section does not apply to accepted animal 452
husbandry practices, including, but not limited to, bona fide 453
agricultural purposes, assistance with the birthing process or 454
artificial insemination of an animal for reproductive purposes, 455
accepted conformation judging practices, or accepted veterinary 456
medical practices. 457
Section 11. Subsection (11) of section 836.13, Florida 458
Statutes, is amended to read: 459
836.13 Altered sexual depictions; prohibited acts; 460
penalties; applicability.— 461
(11) Prosecution of a person for an offense under this 462
section does not preclude prosecution of that person in this 463
state for a violation of any other law of this state, including 464
a law providing for greater penalties than prescribed in this 465

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section or any other crime related to child sexual abuse 466
material pornography or the sexual performance or the sexual 467
exploitation of children. 468
Section 12. Subsection (9) of section 836.14, Florida 469
Statutes, is amended to read: 470
836.14 Theft or unauthorized promotion of a sexually 471
explicit image.— 472
(9) Prosecution of a person for an offense under this 473
section does not preclude prosecution of that person in this 474
state for a violation of any other law of this state, including 475
a law providing for greater penalties than prescribed in this 476
section or any other crime related to child sexual abuse 477
material pornography or the sexual performance or the sexual 478
exploitation of children. 479
Section 13. Subsection (3) of section 847.001, Florida 480
Statutes, is amended to read: 481
847.001 Definitions.—As used in this chapter, the term: 482
(3) "Child sexual abuse material pornography" means: 483
(a) Any image depicting a minor engaged in sexual conduct; 484
or 485
(b) Any image that has been created, altered, adapted, or 486
modified by electronic, mechanical, or other means, to portray 487
an identifiable minor engaged in sexual conduct. 488
Section 14. Section 847.002, Florida Statutes, is amended 489
to read: 490

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847.002 Child sexual abuse material pornography 491
prosecutions.— 492
(1) Any law enforcement officer who, pursuant to a 493
criminal investigation, recovers images or movies of child 494
sexual abuse material pornography shall: 495
(a) Provide such images or movies to the law enforcement 496
agency representative assigned to the Child Victim 497
Identification Program at the National Center for Missing and 498
Exploited Children, as required by the center's guidelines. 499
(b) Request the law enforcement agency contact information 500
from the Child Victim Identification Program for any images or 501
movies recovered which contain an identified victim of child 502
sexual abuse material pornography as defined in s. 960.03. 503
(c) Provide case information to the Child Victim 504
Identification Program, as required by the National Center for 505
Missing and Exploited Children guidelines, in any case where the 506
law enforcement officer identifies a previously unidentified 507
victim of child sexual abuse material pornography. 508
(2) Any law enforcement officer submitting a case for 509
prosecution which involves the production, promotion, or 510
possession of child sexual abuse material pornography shall 511
submit to the designated prosecutor the law enforcement agency 512
contact information provided by the Child Victim Identification 513
Program at the National Center for Missing and Exploited 514
Children, for any images or movies involved in the case which 515

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contain the depiction of an identified victim of child sexual 516
abuse material pornography as defined in s. 960.03. 517
(3) In every filed case involving an identified victim of 518
child sexual abuse material pornography, as defined in s. 519
960.03, the prosecuting agency shall enter the following 520
information into the Victims in Child Pornography Tracking 521
Repeat Exploitation database maintained by the Office of the 522
Attorney General: 523
(a) The case number and agency file number. 524
(b) The named defendant. 525
(c) The circuit court division and county. 526
(d) Current court dates and the status of the case. 527
(e) Contact information for the prosecutor assigned. 528
(f) Verification that the prosecutor is or is not in 529
possession of a victim impact statement and will use the 530
statement in sentencing. 531
Section 15. Subsection (5) of section 847.011, Florida 532
Statutes, is amended, subsection (12) is added to that section, 533
and subsections (1) through (4) and (6) through (11) of that 534
section are republished, to read: 535
847.011 Prohibition of certain acts in connection with 536
obscene, lewd, etc., materials; penalty.— 537
(1)(a) Except as provided in paragraph (c), any person who 538
knowingly sells, lends, gives away, distributes, transmits, 539
shows, or transmutes, or offers to sell, lend, give away, 540

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distribute, transmit, show, or transmute, or has in his or her 541
possession, custody, or control with intent to sell, lend, give 542
away, distribute, transmit, show, transmute, or advertise in any 543
manner, any obscene book, magazine, periodical, pamphlet, 544
newspaper, comic book, story paper, written or printed story or 545
article, writing, paper, card, picture, drawing, photograph, 546
motion picture film, figure, image, phonograph record, or wire 547
or tape or other recording, or any written, printed, or recorded 548
matter of any such character which may or may not require 549
mechanical or other means to be transmuted into auditory, 550
visual, or sensory representations of such character, or any 551
article or instrument for obscene use, or purporting to be for 552
obscene use or purpose; or who knowingly designs, copies, draws, 553
photographs, poses for, writes, prints, publishes, or in any 554
manner whatsoever manufactures or prepares any such material, 555
matter, article, or thing of any such character; or who 556
knowingly writes, prints, publishes, or utters, or causes to be 557
written, printed, published, or uttered, any advertisement or 558
notice of any kind, giving information, directly or indirectly, 559
stating, or purporting to state, where, how, of whom, or by what 560
means any, or what purports to be any, such material, matter, 561
article, or thing of any such character can be purchased, 562
obtained, or had; or who in any manner knowingly hires, employs, 563
uses, or permits any person knowingly to do or assist in doing 564
any act or thing mentioned above, commits a misdemeanor of the 565

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first degree, punishable as provided in s. 775.082 or s. 566
775.083. A person who, after having been convicted of a 567
violation of this subsection, thereafter violates any of its 568
provisions, commits a felony of the third degree, punishable as 569
provided in s. 775.082, s. 775.083, or s. 775.084. 570
(b) The knowing possession by any person of three or more 571
identical or similar materials, matters, articles, or things 572
coming within the provisions of paragraph (a) is prima facie 573
evidence of the violation of the paragraph. 574
(c) A person who commits a violation of paragraph (a) or 575
subsection (2) which is based on materials that depict a minor 576
engaged in any act or conduct that is harmful to minors commits 577
a felony of the third degree, punishable as provided in s. 578
775.082, s. 775.083, or s. 775.084. 579
(d) A person's ignorance of a minor's age, a minor's 580
misrepresentation of his or her age, a bona fide belief of a 581
minor's age, or a minor's consent may not be raised as a defense 582
in a prosecution for one or more violations of paragraph (a) or 583
subsection (2). 584
(2) Except as provided in paragraph (1)(c), a person who 585
knowingly has in his or her possession, custody, or control any 586
obscene book, magazine, periodical, pamphlet, newspaper, comic 587
book, story paper, written or printed story or article, writing, 588
paper, card, picture, drawing, photograph, motion picture film, 589
film, any sticker, decal, emblem or other device attached to a 590

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motor vehicle containing obscene descriptions, photographs, or 591
depictions, any figure, image, phonograph record, or wire or 592
tape or other recording, or any written, printed, or recorded 593
matter of any such character which may or may not require 594
mechanical or other means to be transmuted into auditory, 595
visual, or sensory representations of such character, or any 596
article or instrument for obscene use, or purporting to be for 597
obscene use or purpose, without intent to sell, lend, give away, 598
distribute, transmit, show, transmute, or advertise the same, 599
commits a misdemeanor of the second degree, punishable as 600
provided in s. 775.082 or s. 775.083. A person who, after having 601
been convicted of violating this subsection, thereafter violates 602
any of its provisions commits a misdemeanor of the first degree, 603
punishable as provided in s. 775.082 or s. 775.083. In any 604
prosecution for such possession, it is not necessary to allege 605
or prove the absence of such intent. 606
(3) No person shall as a condition to a sale, allocation, 607
consignment, or delivery for resale of any paper, magazine, 608
book, periodical, or publication require that the purchaser or 609
consignee receive for resale any other article, paper, magazine, 610
book, periodical, or publication reasonably believed by the 611
purchaser or consignee to be obscene, and no person shall deny 612
or threaten to deny or revoke any franchise or impose or 613
threaten to impose any penalty, financial or otherwise, by 614
reason of the failure of any person to accept any such article, 615

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paper, magazine, book, periodical, or publication, or by reason 616
of the return thereof. Whoever violates this subsection is 617
guilty of a felony of the third degree, punishable as provided 618
in s. 775.082, s. 775.083, or s. 775.084. 619
(4) Any person who knowingly promotes, conducts, performs, 620
or participates in an obscene show, exhibition, or performance 621
by live persons or a live person before an audience is guilty of 622
a misdemeanor of the first degree, punishable as provided in s. 623
775.082 or s. 775.083. Any person who, after having been 624
convicted of violating this subsection, thereafter violates any 625
of its provisions and is convicted thereof is guilty of a felony 626
of the third degree, punishable as provided in s. 775.082, s. 627
775.083, or s. 775.084. 628
(5)(a) 1. A person may not knowingly sell, lend, give 629
away, distribute, transmit, show, or transmute; offer to sell, 630
lend, give away, distribute, transmit, show, or transmute; have 631
in his or her possession, custody, or control; have in his or 632
her possession, custody, or control with the intent to sell, 633
lend, give away, distribute, transmit, show, or transmute; or 634
advertise in any manner an obscene, child-like sex doll. 635
(b) 2.a. Except as provided in paragraph (c) sub-636
subparagraph b., a person who violates this paragraph (a) 637
commits a felony of the third degree, punishable as provided in 638
s. 775.082, s. 775.083, or s. 775.084. 639
(c) b. A person who is convicted of violating this 640

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paragraph (a) a second or subsequent time commits a felony of 641
the second degree, punishable as provided in s. 775.082, s. 642
775.083, or s. 775.084. 643
(b)1. Except as provided in subparagraph 2., a person who 644
knowingly has in his or her possession, custody, or control an 645
obscene, child-like sex doll commits a misdemeanor of the first 646
degree, punishable as provided in s. 775.082 or s. 775.083. 647
2. A person who is convicted of violating this paragraph a 648
second or subsequent time commits a felony of the third degree, 649
punishable as provided in s. 775.082 or s. 775.083. 650
(c)1. A law enforcement officer may arrest without a 651
warrant any person who he or she has probable cause to believe 652
has violated paragraph (b). 653
2. Upon proper affidavits being made, a search warrant may 654
be issued to further investigate a violation of paragraph (b), 655
including to search a private dwelling. 656
(6) Every act, thing, or transaction forbidden by this 657
section shall constitute a separate offense and shall be 658
punishable as such. 659
(7) Proof that a defendant knowingly committed any act or 660
engaged in any conduct referred to in this section may be made 661
by showing that at the time such act was committed or conduct 662
engaged in the defendant had actual knowledge of the contents or 663
character of the material, matter, article, or thing possessed 664
or otherwise dealt with, by showing facts and circumstances from 665

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which it may fairly be inferred that he or she had such 666
knowledge, or by showing that he or she had knowledge of such 667
facts and circumstances as would put a person of ordinary 668
intelligence and caution on inquiry as to such contents or 669
character. 670
(8) There shall be no right of property in any of the 671
materials, matters, articles, or things possessed or otherwise 672
dealt with in violation of this section; and, upon the seizure 673
of any such material, matter, article, or thing by any 674
authorized law enforcement officer, the same shall be held by 675
the arresting agency. When the same is no longer required as 676
evidence, the prosecuting officer or any claimant may move the 677
court in writing for the disposition of the same and, after 678
notice and hearing, the court, if it finds the same to have been 679
possessed or otherwise dealt with in violation of this section, 680
shall order the sheriff to destroy the same in the presence of 681
the clerk; otherwise, the court shall order the same returned to 682
the claimant if the claimant shows that he or she is entitled to 683
possession. If destruction is ordered, the sheriff and clerk 684
shall file a certificate of compliance. 685
(9)(a) The circuit court has jurisdiction to enjoin a 686
threatened violation of this section upon complaint filed by the 687
state attorney or attorney for a municipality in the name of the 688
state upon the relation of such state attorney or attorney for a 689
municipality. 690

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(b) After the filing of such a complaint, the judge to 691
whom it is presented may grant an order restraining the person 692
complained of until final hearing or further order of the court. 693
Whenever the relator state attorney or attorney for a 694
municipality requests a judge of such court to set a hearing 695
upon an application for such a restraining order, such judge 696
shall set such hearing for a time within 3 days after the making 697
of such request. No such order shall be made unless such judge 698
is satisfied that sufficient notice of the application therefor 699
has been given to the party restrained of the time when and 700
place where the application for such restraining order is to be 701
made; however, such notice shall be dispensed with when it is 702
manifest to such judge, from the sworn allegations of the 703
complaint or the affidavit of the plaintiff or other competent 704
person, that the apprehended violation will be committed if an 705
immediate remedy is not afforded. 706
(c) The person sought to be enjoined shall be entitled to 707
a trial of the issues within 1 day after joinder of issue, and a 708
decision shall be rendered by the court within 2 days of the 709
conclusion of the trial. 710
(d) In any action brought as provided in this subsection, 711
no bond or undertaking shall be required of the state attorney 712
or the municipality or its attorney before the issuance of a 713
restraining order provided for by paragraph (b), and there shall 714
be no liability on the part of the state or the state attorney 715

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or the municipality or its attorney for costs or for damages 716
sustained by reason of such restraining order in any case where 717
a final decree is rendered in favor of the person sought to be 718
enjoined. 719
(e) Every person who has possession, custody, or control 720
of, or otherwise deals with, any of the materials, matters, 721
articles, or things described in this section, after the service 722
upon him or her of a summons and complaint in an action for 723
injunction brought under this subsection, is chargeable with 724
knowledge of the contents and character thereof. 725
(10) The several sheriffs and state attorneys shall 726
vigorously enforce this section within their respective 727
jurisdictions. 728
(11) This section shall not apply to the exhibition of 729
motion picture films permitted by s. 847.013. 730
(12) Prosecution of a person for an offense under this 731
section does not preclude prosecution of that person in this 732
state for a violation of any other law of this state, including 733
a law providing for greater penalties than prescribed in this 734
section or any other crime punishing the sexual performance or 735
the sexual exploitation of children. 736
Section 16. Subsections (1) and (4) of section 847.01357, 737
Florida Statutes, are amended to read: 738
847.01357 Exploited children's civil remedy.— 739
(1) Any person who, while under the age of 18, was a 740

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victim of a sexual abuse crime listed in chapter 794, chapter 741
800, chapter 827, or chapter 847, where any portion of such 742
abuse was used in the production of child sexual abuse material 743
pornography, and who suffers personal or psychological injury as 744
a result of the production, promotion, or possession of such 745
images or movies, may bring an action in an appropriate state 746
court against the producer, promoter, or possessor of such 747
images or movies, regardless of whether the victim is now an 748
adult. In any action brought under this section, a prevailing 749
plaintiff shall recover the actual damages such person sustained 750
and the cost of the suit, including reasonable attorney's fees. 751
Any victim who is awarded damages under this section shall be 752
deemed to have sustained damages of at least $150,000. 753
(4) It is not a defense to a civil cause of action under 754
this section that the respondent did not know the victim or 755
commit the abuse depicted in any image of child sexual abuse 756
material pornography. 757
Section 17. Section 847.0137, Florida Statutes, is amended 758
to read: 759
847.0137 Transmission of child sexual abuse material 760
pornography by electronic device or equipment prohibited; 761
penalties.— 762
(1) As used in this section, the term: 763
(a) "Access credential" means any password, username, 764
token, unique link, uniform resource locator (URL), hyperlink, 765

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or other data that enables a user to access a digital file or 766
other data in cloud storage. 767
(b) "Child sexual abuse material" has the same meaning as 768
in s. 847.001. 769
(c) "Cloud storage" means any remote, networked, or third-770
party provided storage service that enables a user to store, 771
host, or share a digital file or other data and to access such a 772
digital file or other data via the Internet or other network, 773
whether by direct file transfer, access credential, link, or 774
other similar means. 775
(d) "Link" means any uniform resource locater (URL), 776
hyperlink, short link, shareable link, magnet link, or other 777
string, token, or data that, when used, directs or grants a user 778
access to a digital file or other data that is stored remotely, 779
including in cloud storage. 780
(e) "Transmit" means the act of sending and causing to be 781
delivered, including the act of providing access for receiving 782
and causing to be delivered, any image, information, or data 783
over or through any medium, including the Internet or an 784
interconnected network, by use of any electronic equipment or 785
other device. The term also includes the act of providing access 786
to any image, information, or data in cloud storage by sharing, 787
publishing, or otherwise making available a link, access 788
credential, or other similar means by which another person may 789
access, view, or obtain such image, information, or data. 790

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(2) Notwithstanding ss. 847.012 and 847.0133, any person 791
in this state who knew or reasonably should have known that he 792
or she was transmitting child sexual abuse material pornography, 793
as defined in s. 847.001, to another person in this state or in 794
another jurisdiction commits a felony of the second third 795
degree, punishable as provided in s. 775.082, s. 775.083, or s. 796
775.084. Except as provided in subsection (7), a person 18 years 797
of age or older at the time of the offense who is convicted of a 798
violation of this subsection must be sentenced to a mandatory 799
minimum term of imprisonment of 5 years. 800
(3) Notwithstanding ss. 847.012 and 847.0133, any person 801
in any jurisdiction other than this state who knew or reasonably 802
should have known that he or she was transmitting child sexual 803
abuse material pornography, as defined in s. 847.001, to any 804
person in this state commits a felony of the second third 805
degree, punishable as provided in s. 775.082, s. 775.083, or s. 806
775.084. Except as provided in subsection (7), a person 18 years 807
of age or older at the time of the offense who is convicted of a 808
violation of this subsection must be sentenced to a mandatory 809
minimum term of imprisonment of 5 years. 810
(4) A person may not be prosecuted under this section for 811
providing a link, access credential, or other information, in 812
good faith, to a law enforcement agency, prosecuting authority, 813
or authorized forensic examiner for the purpose of reporting 814
suspected child sexual abuse material, cooperating with an 815

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investigation, preserving evidence, or seeking lawful removal of 816
content. 817
(5)(4) This section shall not be construed to preclude 818
prosecution of a person in this state or another jurisdiction 819
for a violation of any law of this state, including a law 820
providing for greater penalties than prescribed in this section, 821
for the transmission of child sexual abuse material pornography, 822
as defined in s. 847.001, to any person in this state. 823
(6)(5) A person is subject to prosecution in this state 824
pursuant to chapter 910 for any act or conduct proscribed by 825
this section, including a person in a jurisdiction other than 826
this state, if the act or conduct violates subsection (3). 827
(7) A court is not required to impose a mandatory minimum 828
term of imprisonment for a violation of this section if the 829
court makes the following written findings related to the image 830
that forms the basis of the violation: 831
(a) The child depicted in the image was 14 years of age or 832
older at the time the image was created; 833
(b) The image was created with the depicted child's 834
permission; 835
(c) The offender was not more than 4 years older than the 836
depicted child at the time the image was created; and 837
(d) The offender did not transmit the image to any third 838
party. 839
840

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The provisions of this section do not apply to subscription-841
based transmissions such as list servers. 842
Section 18. Section 847.0139, Florida Statutes, is amended 843
to read: 844
847.0139 Immunity from civil liability for reporting child 845
sexual abuse material pornography, transmission of child sexual 846
abuse material pornography, or any image, information, or data 847
harmful to minors to a minor in this state.—Any person who 848
reports to a law enforcement officer what the person reasonably 849
believes to be child sexual abuse material pornography, 850
transmission of child sexual abuse material pornography, or any 851
image, information, or data that is harmful to minors to a minor 852
in this state may not be held civilly liable for such reporting. 853
For purposes of this section, such reporting may include 854
furnishing the law enforcement officer with any image, 855
information, or data that the person reasonably believes to be 856
evidence of child sexual abuse material pornography, 857
transmission of child sexual abuse material pornography, or an 858
image, information, or data that is harmful to minors to a minor 859
in this state. 860
Section 19. Paragraph (g) of subsection (6) of section 861
903.011, Florida Statutes, is amended to read: 862
903.011 Pretrial release; general terms; statewide uniform 863
bond schedule.— 864
(6) A person may not be released before his or her first 865

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appearance hearing or bail determination and a judge must 866
determine the appropriate bail, if any, based on an 867
individualized consideration of the criteria in s. 903.046(2), 868
if the person meets any of the following criteria: 869
(g) The person's current offense of arrest is for one or 870
more of the following crimes: 871
1. A capital felony, life felony, felony of the first 872
degree, or felony of the second degree; 873
2. A homicide under chapter 782; or any attempt, 874
solicitation, or conspiracy to commit a homicide; 875
3. Assault in furtherance of a riot or an aggravated riot; 876
felony battery; domestic battery by strangulation; domestic 877
violence, as defined in s. 741.28; stalking; mob intimidation; 878
assault or battery on a law enforcement officer; assault or 879
battery on juvenile probation officer, or other staff of a 880
detention center or commitment facility, or a staff member of a 881
commitment facility, or health services personnel; assault or 882
battery on a person 65 years of age or older; robbery; burglary; 883
carjacking; or resisting an officer with violence; 884
4. Kidnapping, false imprisonment, human trafficking, or 885
human smuggling; 886
5. Possession of a firearm or ammunition by a felon, 887
violent career criminal, or person subject to an injunction 888
against committing acts of domestic violence, stalking, or 889
cyberstalking; 890

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6. Sexual battery; indecent, lewd, or lascivious touching; 891
exposure of sexual organs; incest; luring or enticing a child; 892
or child sexual abuse material pornography; 893
7. Abuse, neglect, or exploitation of an elderly person or 894
disabled adult; 895
8. Child abuse or aggravated child abuse; 896
9. Arson; riot, aggravated riot, inciting a riot, or 897
aggravated inciting a riot; or a burglary or theft during a 898
riot; 899
10. Escape; tampering or retaliating against a witness, 900
victim, or informant; destruction of evidence; or tampering with 901
a jury; 902
11. Any offense committed for the purpose of benefiting, 903
promoting, or furthering the interests of a criminal gang; 904
12. Trafficking in a controlled substance, including 905
conspiracy to engage in trafficking in a controlled substance; 906
13. Racketeering; or 907
14. Failure to appear at required court proceedings while 908
on bail. 909
Section 20. Paragraphs (e), (f), and (g) of subsection (3) 910
of section 921.0022, Florida Statutes, are amended to read: 911
921.0022 Criminal Punishment Code; offense severity 912
ranking chart.— 913
(3) OFFENSE SEVERITY RANKING CHART 914
(e) LEVEL 5 915

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Florida
Statute
Felony
Degree Description
916
316.027(2)(a) 3rd Accidents involving personal
injuries other than serious
bodily injury, failure to stop;
leaving scene.
917
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.
918
316.80(2) 2nd Unlawful conveyance of fuel;
obtaining fuel fraudulently.
919
322.34(6) 3rd Careless operation of motor
vehicle with suspended license,
resulting in death or serious
bodily injury.
920
327.30(5)(a)2. 3rd Vessel accidents involving
personal injuries other than

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serious bodily injury; leaving
scene.
921
365.172
(14)(b)2.
2nd Misuse of emergency
communications system resulting
in death.
922
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.

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923
379.367(4) 3rd Willful molestation of a
commercial harvester's spiny
lobster trap, line, or buoy.
924
379.407(5)(b)3. 3rd Possession of 100 or more
undersized spiny lobsters.
925
381.0041(11)(b) 3rd Donate blood, plasma, or organs
knowing HIV positive.
926
440.10(1)(g) 2nd Failure to obtain workers'
compensation coverage.
927
440.105(5) 2nd Unlawful solicitation for the
purpose of making workers'
compensation claims.
928
440.381(2) 3rd Submission of false,
misleading, or incomplete
information with the purpose of
avoiding or reducing workers'
compensation premiums.
929
624.401(4)(b)2. 2nd Transacting insurance without a

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certificate or authority;
premium collected $20,000 or
more but less than $100,000.
930
626.902(1)(c) 2nd Representing an unauthorized
insurer; repeat offender.
931
790.01(3) 3rd Unlawful carrying of a
concealed firearm.
932
790.162 2nd Threat to throw or discharge
destructive device.
933
790.163(1) 2nd False report of bomb,
explosive, weapon of mass
destruction, or use of firearms
in violent manner.
934
790.221(1) 2nd Possession of short-barreled
shotgun or machine gun.
935
790.23 2nd Felons in possession of
firearms, ammunition, or
electronic weapons or devices.
936

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796.05(1) 2nd Live on earnings of a
prostitute; 1st offense.
937
800.04(6)(c) 3rd Lewd or lascivious conduct;
offender less than 18 years of
age.
938
800.04(7)(b) 2nd Lewd or lascivious exhibition;
offender 18 years of age or
older.
939
806.111(1) 3rd Possess, manufacture, or
dispense fire bomb with intent
to damage any structure or
property.
940
810.145(4) 3rd Commercial digital voyeurism
dissemination.
941
810.145(7)(a) 2nd Digital voyeurism; 2nd or
subsequent offense.
942
810.145(8)(a) 2nd Digital voyeurism; certain
minor victims.
943

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812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft
from 20 or more dwellings or
their unenclosed curtilage, or
any combination.
944
812.0145(2)(b) 2nd Theft from person 65 years of
age or older; $10,000 or more
but less than $50,000.
945
812.015
(8)(a) & (c)-
(e)
3rd Retail theft; property stolen
is valued at $750 or more and
one or more specified acts.
946
812.015(8)(f) 3rd Retail theft; multiple thefts
within specified period.
947
812.015(8)(g) 3rd Retail theft; committed with
specified number of other
persons.
948
812.019(1) 2nd Stolen property; dealing in or
trafficking in.
949
812.081(3) 2nd Trafficking in trade secrets.
950

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812.131(2)(b) 3rd Robbery by sudden snatching.
951
812.16(2) 3rd Owning, operating, or
conducting a chop shop.
952
817.034(4)(a)2. 2nd Communications fraud, value
$20,000 to $50,000.
953
817.234(11)(b) 2nd Insurance fraud; property value
$20,000 or more but less than
$100,000.
954
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.
955
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

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personal identification
information of 10 or more
persons.
956
817.611(2)(a) 2nd Traffic in or possess 5 to 14
counterfeit credit cards or
related documents.
957
817.625(2)(b) 2nd Second or subsequent fraudulent
use of scanning device,
skimming device, or reencoder.
958
825.1025(4) 3rd Lewd or lascivious exhibition
in the presence of an elderly
person or disabled adult.
959
828.12(2) 3rd Tortures any animal with intent
to inflict intense pain,
serious physical injury, or
death.
960
836.14(4) 2nd Person who willfully promotes
for financial gain a sexually
explicit image of an
identifiable person without

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consent.
961
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.
962
843.01(1) 3rd Resist officer with violence to
person; resist arrest with
violence.
963
847.0135(5)(b) 2nd Lewd or lascivious exhibition
using computer; offender 18
years or older.
964
847.0137
(2) & (3)
3rd Transmission of pornography by
electronic device or equipment.
965
847.0138
(2) & (3)
3rd Transmission of material
harmful to minors to a minor by
electronic device or equipment.
966
874.05(1)(b) 2nd Encouraging or recruiting
another to join a criminal

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gang; second or subsequent
offense.
967
874.05(2)(a) 2nd Encouraging or recruiting
person under 13 years of age to
join a criminal gang.
968
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).
969
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.

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970
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.
971
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.
972
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.

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973
893.13(4)(b) 2nd Use or hire of minor; deliver
to minor other controlled
substance.
974
893.1351(1) 3rd Ownership, lease, or rental for
trafficking in or manufacturing
of controlled substance.
975
(f) LEVEL 6 976
977
Florida
Statute
Felony
Degree Description
978
316.027(2)(b) 2nd Leaving the scene of a crash
involving serious bodily
injury.
979
316.193(2)(b) 3rd Felony DUI, 4th or subsequent
conviction.
980
316.1935(4)(a) 2nd Aggravated fleeing or eluding.
981
327.30(5)(a)3. 2nd Vessel accidents involving
serious bodily injury; leaving

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scene.
982
400.9935(4)(c) 2nd Operating a clinic, or offering
services requiring licensure,
without a license.
983
499.0051(2) 2nd Knowing forgery of transaction
history, transaction
information, or transaction
statement.
984
499.0051(3) 2nd Knowing purchase or receipt of
prescription drug from
unauthorized person.
985
499.0051(4) 2nd Knowing sale or transfer of
prescription drug to
unauthorized person.
986
775.0875(1) 3rd Taking firearm from law
enforcement officer.
987
784.021(1)(a) 3rd Aggravated assault; deadly
weapon without intent to kill.
988

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784.021(1)(b) 3rd Aggravated assault; intent to
commit felony.
989
784.041 3rd Felony battery; domestic
battery by strangulation.
990
784.048(3) 3rd Aggravated stalking; credible
threat.
991
784.048(5) 3rd Aggravated stalking of person
under 16.
992
784.07(2)(c) 2nd Aggravated assault on law
enforcement officer.
993
784.074(1)(b) 2nd Aggravated assault on sexually
violent predators facility
staff.
994
784.08(2)(b) 2nd Aggravated assault on a person
65 years of age or older.
995
784.081(2) 2nd Aggravated assault on specified
official or employee.
996

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784.082(2) 2nd Aggravated assault by detained
person on visitor or other
detainee.
997
784.083(2) 2nd Aggravated assault on code
inspector.
998
787.02(2) 3rd False imprisonment; restraining
with purpose other than those
in s. 787.01.
999
787.025(2)(a) 3rd Luring or enticing a child.
1000
790.115(2)(d) 2nd Discharging firearm or weapon
on school property.
1001
790.161(2) 2nd Make, possess, or throw
destructive device with intent
to do bodily harm or damage
property.
1002
790.164(1) 2nd False report concerning bomb,
explosive, weapon of mass
destruction, act of arson or
violence to state property, or

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use of firearms in violent
manner.
1003
790.19 2nd Shooting or throwing deadly
missiles into dwellings,
vessels, or vehicles.
1004
794.011(8)(a) 3rd Solicitation of minor to
participate in sexual activity
by custodial adult.
1005
794.05(1) 2nd Unlawful sexual activity with
specified minor.
1006
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.
1007
800.04(6)(b) 2nd Lewd or lascivious conduct;
offender 18 years of age or
older.
1008
806.031(2) 2nd Arson resulting in great bodily
harm to firefighter or any

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other person.
1009
810.02(3)(c) 2nd Burglary of occupied structure;
unarmed; no assault or battery.
1010
810.145(8)(b) 2nd Digital voyeurism; certain
minor victims; 2nd or
subsequent offense.
1011
812.014(2)(b)1. 2nd Property stolen $20,000 or
more, but less than $100,000,
grand theft in 2nd degree.
1012
812.014(2)(c)5. 3rd Grand theft; third degree;
firearm.
1013
812.014(6) 2nd Theft; property stolen $3,000
or more; coordination of
others.
1014
812.015(9)(a) 2nd Retail theft; property stolen
$750 or more; second or
subsequent conviction.
1015
812.015(9)(b) 2nd Retail theft; aggregated

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property stolen within 120 days
is $3,000 or more; coordination
of others.
1016
812.015(9)(d) 2nd Retail theft; multiple thefts
within specified period.
1017
812.015(9)(e) 2nd Retail theft; committed with
specified number of other
persons and use of social media
platform.
1018
812.13(2)(c) 2nd Robbery, no firearm or other
weapon (strong-arm robbery).
1019
817.4821(5) 2nd Possess cloning paraphernalia
with intent to create cloned
cellular telephones.
1020
817.49(2)(b)2. 2nd Willful making of a false
report of a crime resulting in
death.
1021
817.505(4)(b) 2nd Patient brokering; 10 or more
patients.

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1022
817.5695(3)(b) 2nd Exploitation of person 65 years
of age or older, value $10,000
or more, but less than $50,000.
1023
825.102(1) 3rd Abuse of an elderly person or
disabled adult.
1024
825.102(3)(c) 3rd Neglect of an elderly person or
disabled adult.
1025
825.1025(3) 3rd Lewd or lascivious molestation
of an elderly person or
disabled adult.
1026
825.103(3)(c) 3rd Exploiting an elderly person or
disabled adult and property is
valued at less than $10,000.
1027
827.03(2)(c) 3rd Abuse of a child.
1028
827.03(2)(d) 3rd Neglect of a child.
1029
827.071(5) 2nd
3rd
Possess, control, or
intentionally view any

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photographic material, motion
picture, etc., which includes
child sexual abuse material
pornography.
1030
828.126(4), (5)
& (6)
828.126(3)
3rd Sexual activities involving
animals.
1031
836.05 2nd Threats; extortion.
1032
836.10 2nd Written or electronic threats
to kill, do bodily injury, or
conduct a mass shooting or an
act of terrorism.
1033
843.12 3rd Aids or assists person to
escape.
1034
847.011 3rd Distributing, offering to
distribute, or possessing with
intent to distribute obscene
materials depicting minors.
1035
847.012 3rd Knowingly using a minor in the

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production of materials harmful
to minors.
1036
847.0135(2) 3rd Facilitates sexual conduct of
or with a minor or the visual
depiction of such conduct.
1037
847.0137(2) &
(3)
2nd Transmitting child sexual abuse
material.
1038
893.131 2nd Distribution of controlled
substances resulting in
overdose or serious bodily
injury.
1039
914.23 2nd Retaliation against a witness,
victim, or informant, with
bodily injury.
1040
918.13(2)(b) 2nd Tampering with or fabricating
physical evidence relating to a
capital felony.
1041
944.35(3)(a)2. 3rd Committing malicious battery
upon or inflicting cruel or

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inhuman treatment on an inmate
or offender on community
supervision, resulting in great
bodily harm.
1042
944.40 2nd Escapes.
1043
944.46 3rd Harboring, concealing, aiding
escaped prisoners.
1044
944.47(1)(a)5. 2nd Introduction of contraband
(firearm, weapon, or explosive)
into correctional facility.
1045
951.22(1)(i) 3rd Firearm or weapon introduced
into county detention facility.
1046
(g) LEVEL 7 1047
1048
Florida
Statute
Felony
Degree Description
1049
316.027(2)(c) 1st Accident involving death,
failure to stop; leaving scene.
1050

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316.193(3)(c)2. 3rd DUI resulting in serious bodily
injury.
1051
316.1935(3)(b) 1st Causing serious bodily injury
or death to another person;
driving at high speed or with
wanton disregard for safety
while fleeing or attempting to
elude law enforcement officer
who is in a patrol vehicle with
siren and lights activated.
1052
327.35(3)(a)3.b. 3rd Vessel BUI resulting in serious
bodily injury.
1053
402.319(2) 2nd Misrepresentation and
negligence or intentional act
resulting in great bodily harm,
permanent disfiguration,
permanent disability, or death.
1054
409.920
(2)(b)1.a.
3rd Medicaid provider fraud;
$10,000 or less.
1055
409.920 2nd Medicaid provider fraud; more

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(2)(b)1.b. than $10,000, but less than
$50,000.
1056
456.065(2) 3rd Practicing a health care
profession without a license.
1057
456.065(2) 2nd Practicing a health care
profession without a license
which results in serious bodily
injury.
1058
458.327(1) 3rd Practicing medicine without a
license.
1059
459.013(1) 3rd Practicing osteopathic medicine
without a license.
1060
460.411(1) 3rd Practicing chiropractic
medicine without a license.
1061
461.012(1) 3rd Practicing podiatric medicine
without a license.
1062
462.17 3rd Practicing naturopathy without
a license.

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1063
463.015(1) 3rd Practicing optometry without a
license.
1064
464.016(1) 3rd Practicing nursing without a
license.
1065
465.015(2) 3rd Practicing pharmacy without a
license.
1066
466.026(1) 3rd Practicing dentistry or dental
hygiene without a license.
1067
467.201 3rd Practicing midwifery without a
license.
1068
468.366 3rd Delivering respiratory care
services without a license.
1069
483.828(1) 3rd Practicing as clinical
laboratory personnel without a
license.
1070
483.901(7) 3rd Practicing medical physics
without a license.

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1071
484.013(1)(c) 3rd Preparing or dispensing optical
devices without a prescription.
1072
484.053 3rd Dispensing hearing aids without
a license.
1073
494.0018(2) 1st Conviction of any violation of
chapter 494 in which the total
money and property unlawfully
obtained exceeded $50,000 and
there were five or more
victims.
1074
560.123(8)(b)1. 3rd Failure to report currency or
payment instruments exceeding
$300 but less than $20,000 by a
money services business.
1075
560.125(5)(a) 3rd Money services business by
unauthorized person, currency
or payment instruments
exceeding $300 but less than
$20,000.
1076

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655.50(10)(b)1. 3rd Failure to report financial
transactions exceeding $300 but
less than $20,000 by financial
institution.
1077
775.21(10)(a) 3rd Sexual predator; failure to
register; failure to renew
driver license or
identification card; other
registration violations.
1078
775.21(10)(b) 3rd Sexual predator working where
children regularly congregate.
1079
775.21(10)(g) 3rd Failure to report or providing
false information about a
sexual predator; harbor or
conceal a sexual predator.
1080
782.051(3) 2nd Attempted felony murder of a
person by a person other than
the perpetrator or the
perpetrator of an attempted
felony.
1081

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782.07(1) 2nd Killing of a human being by the
act, procurement, or culpable
negligence of another
(manslaughter).
1082
782.071 2nd Killing of a human being or
unborn child by the operation
of a motor vehicle in a
reckless manner (vehicular
homicide).
1083
782.072 2nd Killing of a human being by the
operation of a vessel in a
reckless manner (vessel
homicide).
1084
784.045(1)(a)1. 2nd Aggravated battery;
intentionally causing great
bodily harm or disfigurement.
1085
784.045(1)(a)2. 2nd Aggravated battery; using
deadly weapon.
1086
784.045(1)(b) 2nd Aggravated battery; perpetrator
aware victim pregnant.

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1087
784.048(4) 3rd Aggravated stalking; violation
of injunction or court order.
1088
784.048(7) 3rd Aggravated stalking; violation
of court order.
1089
784.07(2)(d) 1st Aggravated battery on law
enforcement officer.
1090
784.074(1)(a) 1st Aggravated battery on sexually
violent predators facility
staff.
1091
784.08(2)(a) 1st Aggravated battery on a person
65 years of age or older.
1092
784.081(1) 1st Aggravated battery on specified
official or employee.
1093
784.082(1) 1st Aggravated battery by detained
person on visitor or other
detainee.
1094
784.083(1) 1st Aggravated battery on code

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inspector.
1095
787.025(2)(b) 2nd Luring or enticing a child;
second or subsequent offense.
1096
787.025(2)(c) 2nd Luring or enticing a child with
a specified prior conviction.
1097
787.06(3)(a)2. 1st Human trafficking using
coercion for labor and services
of an adult.
1098
787.06(3)(e)2. 1st Human trafficking using
coercion for labor and services
by the transfer or transport of
an adult from outside Florida
to within the state.
1099
790.07(4) 1st Specified weapons violation
subsequent to previous
conviction of s. 790.07(1) or
(2).
1100
790.16(1) 1st Discharge of a machine gun
under specified circumstances.

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1101
790.165(2) 2nd Manufacture, sell, possess, or
deliver hoax bomb.
1102
790.165(3) 2nd Possessing, displaying, or
threatening to use any hoax
bomb while committing or
attempting to commit a felony.
1103
790.166(3) 2nd Possessing, selling, using, or
attempting to use a hoax weapon
of mass destruction.
1104
790.166(4) 2nd Possessing, displaying, or
threatening to use a hoax
weapon of mass destruction
while committing or attempting
to commit a felony.
1105
790.23 1st,PBL Possession of a firearm by a
person who qualifies for the
penalty enhancements provided
for in s. 874.04.
1106
794.08(4) 3rd Female genital mutilation;

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consent by a parent, guardian,
or a person in custodial
authority to a victim younger
than 18 years of age.
1107
796.05(1) 1st Live on earnings of a
prostitute; 2nd offense.
1108
796.05(1) 1st Live on earnings of a
prostitute; 3rd and subsequent
offense.
1109
800.04(5)(c)1. 2nd Lewd or lascivious molestation;
victim younger than 12 years of
age; offender younger than 18
years of age.
1110
800.04(5)(c)2. 2nd Lewd or lascivious molestation;
victim 12 years of age or older
but younger than 16 years of
age; offender 18 years of age
or older.
1111
800.04(5)(e) 1st Lewd or lascivious molestation;
victim 12 years of age or older

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but younger than 16 years;
offender 18 years or older;
prior conviction for specified
sex offense.
1112
806.01(2) 2nd Maliciously damage structure by
fire or explosive.
1113
810.02(3)(a) 2nd Burglary of occupied dwelling;
unarmed; no assault or battery.
1114
810.02(3)(b) 2nd Burglary of unoccupied
dwelling; unarmed; no assault
or battery.
1115
810.02(3)(d) 2nd Burglary of occupied
conveyance; unarmed; no assault
or battery.
1116
810.02(3)(e) 2nd Burglary of authorized
emergency vehicle.
1117
812.014(2)(a)1. 1st Property stolen, valued at
$100,000 or more or a
semitrailer deployed by a law

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enforcement officer; property
stolen while causing other
property damage; 1st degree
grand theft.
1118
812.014(2)(b)2. 2nd Property stolen, cargo valued
at less than $50,000, grand
theft in 2nd degree.
1119
812.014(2)(b)3. 2nd Property stolen, emergency
medical equipment; 2nd degree
grand theft.
1120
812.014(2)(b)4. 2nd Property stolen, law
enforcement equipment from
authorized emergency vehicle.
1121
812.014(2)(g) 2nd Grand theft; second degree;
firearm with previous
conviction of s.
812.014(2)(c)5.
1122
812.0145(2)(a) 1st Theft from person 65 years of
age or older; $50,000 or more.
1123

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812.019(2) 1st Stolen property; initiates,
organizes, plans, etc., the
theft of property and traffics
in stolen property.
1124
812.131(2)(a) 2nd Robbery by sudden snatching.
1125
812.133(2)(b) 1st Carjacking; no firearm, deadly
weapon, or other weapon.
1126
817.034(4)(a)1. 1st Communications fraud, value
greater than $50,000.
1127
817.234(8)(a) 2nd Solicitation of motor vehicle
accident victims with intent to
defraud.
1128
817.234(9) 2nd Organizing, planning, or
participating in an intentional
motor vehicle collision.
1129
817.234(11)(c) 1st Insurance fraud; property value
$100,000 or more.
1130
817.2341 1st Making false entries of

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(2)(b) &
(3)(b)
material fact or false
statements regarding property
values relating to the solvency
of an insuring entity which are
a significant cause of the
insolvency of that entity.
1131
817.418(2)(a) 3rd Offering for sale or
advertising personal protective
equipment with intent to
defraud.
1132
817.504(1)(a) 3rd Offering or advertising a
vaccine with intent to defraud.
1133
817.535(2)(a) 3rd Filing false lien or other
unauthorized document.
1134
817.611(2)(b) 2nd Traffic in or possess 15 to 49
counterfeit credit cards or
related documents.
1135
825.102(3)(b) 2nd Neglecting an elderly person or
disabled adult causing great
bodily harm, disability, or

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disfigurement.
1136
825.103(3)(b) 2nd Exploiting an elderly person or
disabled adult and property is
valued at $10,000 or more, but
less than $50,000.
1137
827.03(2)(b) 2nd Neglect of a child causing
great bodily harm, disability,
or disfigurement.
1138
827.04(3) 3rd Impregnation of a child under
16 years of age by person 21
years of age or older.
1139
827.071(3)
827.071(2) & (3)
2nd Use or induce a child in a
sexual performance, or Promote
or direct sexual such
performance by a child.
1140
827.071(4) 2nd Possess with intent to promote
any photographic material,
motion picture, etc., which
includes child sexual abuse
material pornography.

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1141
828.126
(2) & (3)
2nd Sexual activities involving
animals.
1142
837.05(2) 3rd Giving false information about
alleged capital felony to a law
enforcement officer.
1143
838.015 2nd Bribery.
1144
838.016 2nd Unlawful compensation or reward
for official behavior.
1145
838.021(3)(a) 2nd Unlawful harm to a public
servant.
1146
838.22 2nd Bid tampering.
1147
843.0855(2) 3rd Impersonation of a public
officer or employee.
1148
843.0855(3) 3rd Unlawful simulation of legal
process.
1149
843.0855(4) 3rd Intimidation of a public

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officer or employee.
1150
847.0135(3) 3rd Solicitation of a child, via a
computer service, to commit an
unlawful sex act.
1151
847.0135(4) 2nd Traveling to meet a minor to
commit an unlawful sex act.
1152
872.06 2nd Abuse of a dead human body.
1153
874.05(2)(b) 1st Encouraging or recruiting
person under 13 to join a
criminal gang; second or
subsequent offense.
1154
874.10 1st,PBL Knowingly initiates, organizes,
plans, finances, directs,
manages, or supervises criminal
gang-related activity.
1155
893.13(1)(c)1. 1st Sell, manufacture, or deliver
cocaine (or other drug
prohibited under s.
893.03(1)(a), (1)(b), (1)(d),

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(2)(a), (2)(b), or (2)(c)5.)
within 1,000 feet of a child
care facility, school, or
state, county, or municipal
park or publicly owned
recreational facility or
community center.
1156
893.13(1)(e)1. 1st Sell, manufacture, or deliver
cocaine or other drug
prohibited under s.
893.03(1)(a), (1)(b), (1)(d),
(2)(a), (2)(b), or (2)(c)5.,
within 1,000 feet of property
used for religious services or
a specified business site.
1157
893.13(4)(a) 1st Use or hire of minor; deliver
to minor other controlled
substance.
1158
893.135(1)(a)1. 1st Trafficking in cannabis, more
than 25 lbs., less than 2,000
lbs.
1159

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893.135
(1)(b)1.a.
1st Trafficking in cocaine, more
than 28 grams, less than 200
grams.
1160
893.135
(1)(c)1.a.
1st Trafficking in illegal drugs,
more than 4 grams, less than 14
grams.
1161
893.135
(1)(c)2.a.
1st Trafficking in hydrocodone, 28
grams or more, less than 50
grams.
1162
893.135
(1)(c)2.b.
1st Trafficking in hydrocodone, 50
grams or more, less than 100
grams.
1163
893.135
(1)(c)3.a.
1st Trafficking in oxycodone, 7
grams or more, less than 14
grams.
1164
893.135
(1)(c)3.b.
1st Trafficking in oxycodone, 14
grams or more, less than 25
grams.
1165
893.135 1st Trafficking in fentanyl, 4

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(1)(c)4.b.(I) grams or more, less than 14
grams.
1166
893.135
(1)(d)1.a.
1st Trafficking in phencyclidine,
28 grams or more, less than 200
grams.
1167
893.135(1)(e)1. 1st Trafficking in methaqualone,
200 grams or more, less than 5
kilograms.
1168
893.135(1)(f)1. 1st Trafficking in amphetamine, 14
grams or more, less than 28
grams.
1169
893.135
(1)(g)1.a.
1st Trafficking in flunitrazepam, 4
grams or more, less than 14
grams.
1170
893.135
(1)(h)1.a.
1st Trafficking in gamma-
hydroxybutyric acid (GHB), 1
kilogram or more, less than 5
kilograms.
1171
893.135 1st Trafficking in 1,4-Butanediol,

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(1)(j)1.a. 1 kilogram or more, less than 5
kilograms.
1172
893.135
(1)(k)2.a.
1st Trafficking in Phenethylamines,
10 grams or more, less than 200
grams.
1173
893.135
(1)(m)2.a.
1st Trafficking in synthetic
cannabinoids, 280 grams or
more, less than 500 grams.
1174
893.135
(1)(m)2.b.
1st Trafficking in synthetic
cannabinoids, 500 grams or
more, less than 1,000 grams.
1175
893.135
(1)(n)2.a.
1st Trafficking in n-benzyl
phenethylamines, 14 grams or
more, less than 100 grams.
1176
893.1351(2) 2nd Possession of place for
trafficking in or manufacturing
of controlled substance.
1177
896.101(5)(a) 3rd Money laundering, financial
transactions exceeding $300 but

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less than $20,000.
1178
896.104(4)(a)1. 3rd Structuring transactions to
evade reporting or registration
requirements, financial
transactions exceeding $300 but
less than $20,000.
1179
943.0435(4)(c) 2nd Sexual offender vacating
permanent residence; failure to
comply with reporting
requirements.
1180
943.0435(8) 2nd Sexual offender; remains in
state after indicating intent
to leave; failure to comply
with reporting requirements.
1181
943.0435(9)(a) 3rd Sexual offender; failure to
comply with reporting
requirements.
1182
943.0435(13) 3rd Failure to report or providing
false information about a
sexual offender; harbor or

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conceal a sexual offender.
1183
943.0435(14) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
1184
944.607(9) 3rd Sexual offender; failure to
comply with reporting
requirements.
1185
944.607(10)(a) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
1186
944.607(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
1187
944.607(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false

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registration information.
1188
985.4815(10) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
1189
985.4815(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
1190
985.4815(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
1191
Section 21. Paragraph (c) of subsection (8) of section 1192
948.06, Florida Statutes, is amended to read: 1193
948.06 Violation of probation or community control; 1194
revocation; modification; continuance; failure to pay 1195
restitution or cost of supervision.— 1196
(8) 1197
(c) For purposes of this section, the term "qualifying 1198
offense" means any of the following: 1199

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1. Kidnapping or attempted kidnapping under s. 787.01, 1200
false imprisonment of a child under the age of 13 under s. 1201
787.02(3), or luring or enticing a child under s. 787.025(2)(b) 1202
or (c). 1203
2. Murder or attempted murder under s. 782.04, attempted 1204
felony murder under s. 782.051, or manslaughter under s. 782.07. 1205
3. Aggravated battery or attempted aggravated battery 1206
under s. 784.045. 1207
4. Sexual battery or attempted sexual battery under s. 1208
794.011(2), (3), (4), or (8)(b) or (c). 1209
5. Lewd or lascivious battery or attempted lewd or 1210
lascivious battery under s. 800.04(4), lewd or lascivious 1211
molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious 1212
conduct under s. 800.04(6)(b), lewd or lascivious exhibition 1213
under s. 800.04(7)(b), or lewd or lascivious exhibition on 1214
computer under s. 847.0135(5)(b). 1215
6. Robbery or attempted robbery under s. 812.13, 1216
carjacking or attempted carjacking under s. 812.133, or home 1217
invasion robbery or attempted home invasion robbery under s. 1218
812.135. 1219
7. Lewd or lascivious offense upon or in the presence of 1220
an elderly or disabled person or attempted lewd or lascivious 1221
offense upon or in the presence of an elderly or disabled person 1222
under s. 825.1025. 1223
8. Sexual performance by a child or attempted sexual 1224

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performance by a child under s. 827.071. 1225
9. Computer pornography under s. 847.0135(2) or (3), 1226
transmission of child sexual abuse material pornography under s. 1227
847.0137, or selling or buying of minors under s. 847.0145. 1228
10. Poisoning food or water under s. 859.01. 1229
11. Abuse of a dead human body under s. 872.06. 1230
12. Any burglary offense or attempted burglary offense 1231
that is either a first degree felony or second degree felony 1232
under s. 810.02(2) or (3). 1233
13. Arson or attempted arson under s. 806.01(1). 1234
14. Aggravated assault under s. 784.021. 1235
15. Aggravated stalking under s. 784.048(3), (4), (5), or 1236
(7). 1237
16. Aircraft piracy under s. 860.16. 1238
17. Unlawful throwing, placing, or discharging of a 1239
destructive device or bomb under s. 790.161(2), (3), or (4). 1240
18. Treason under s. 876.32. 1241
19. Any offense committed in another jurisdiction which 1242
would be an offense listed in this paragraph if that offense had 1243
been committed in this state. 1244
Section 22. Paragraph (e) of subsection (3) and subsection 1245
(10) of section 960.03, Florida Statutes, are amended to read: 1246
960.03 Definitions; ss. 960.01-960.28.—As used in ss. 1247
960.01-960.28, unless the context otherwise requires, the term: 1248
(3) "Crime" means: 1249

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(e) A violation of s. 827.071, s. 847.0135, s. 847.0137, 1250
or s. 847.0138, related to online sexual exploitation and child 1251
sexual abuse material pornography. 1252
(10) "Identified victim of child sexual abuse material 1253
pornography" means any person who, while under the age of 18, is 1254
depicted in any image or movie of child sexual abuse material 1255
pornography and who is identified through a report generated by 1256
a law enforcement agency and provided to the National Center for 1257
Missing and Exploited Children's Child Victim Identification 1258
Program. 1259
Section 23. Paragraph (b) of subsection (1) of section 1260
960.197, Florida Statutes, is amended to read: 1261
960.197 Assistance to victims of online sexual 1262
exploitation and child sexual abuse material pornography.— 1263
(1) Notwithstanding the criteria set forth in s. 960.13 1264
for crime victim compensation awards, the department may award 1265
compensation for counseling and other mental health services to 1266
treat psychological injury or trauma to: 1267
(b) Any person who, while younger than age 18, was 1268
depicted in any image or movie, regardless of length, of child 1269
sexual abuse material pornography as defined in s. 847.001, who 1270
has been identified by a law enforcement agency or the National 1271
Center for Missing and Exploited Children as an identified 1272
victim of child sexual abuse material pornography, who suffers 1273
psychiatric or psychological injury as a direct result of the 1274

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crime, and who does not otherwise sustain a personal injury or 1275
death. 1276
Section 24. This act shall take effect July 1, 2026. 1277