Bill Text: FL S1604 | 2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Digital Voyeurism
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced) 2024-03-01 - Laid on Table, refer to CS/CS/HB 1389 [S1604 Detail]
Download: Florida-2024-S1604-Introduced.html
Bill Title: Digital Voyeurism
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced) 2024-03-01 - Laid on Table, refer to CS/CS/HB 1389 [S1604 Detail]
Download: Florida-2024-S1604-Introduced.html
Florida Senate - 2024 SB 1604
By Senator Book
35-00440A-24 20241604__
1 A bill to be entitled
2 An act relating to digital voyeurism; amending s.
3 810.145, F.S.; providing definitions; redesignating
4 the offense of “video voyeurism” as “digital
5 voyeurism”; revising the elements of the offense;
6 providing criminal penalties; providing reduced
7 criminal penalties for certain violations by persons
8 who are under 19 years of age; redesignating the
9 offense of “video voyeurism dissemination” as “digital
10 voyeurism dissemination”; revising the elements of the
11 offense; providing criminal penalties; providing
12 reduced criminal penalties for certain violations by
13 persons who are under 19 years of age; specifying that
14 each instance of certain violations is a separate
15 offense; providing for reclassification of certain
16 violations by family or household members of a victim;
17 amending s. 921.0022, F.S.; ranking offenses on the
18 offense severity ranking chart of the Criminal
19 Punishment Code; amending ss. 397.417, 435.04,
20 456.074, 775.0862, 775.15, 775.21, 943.0435, 943.0584,
21 944.606, 944.607, and 1012.315, F.S.; conforming
22 provisions to changes made by the act; providing an
23 effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Section 810.145, Florida Statutes, is amended to
28 read:
29 810.145 Digital Video voyeurism.—
30 (1) As used in this section, the term:
31 (a) “Broadcast” means electronically transmitting a visual
32 image or visual recording with the intent that it be viewed by
33 another person.
34 (b) “Family or household member” has the same meaning as in
35 s. 741.28.
36 (c)(b) “Imaging device” means any mechanical, digital, or
37 electronic viewing device; still camera; camcorder; motion
38 picture camera; or any other instrument, equipment, or format
39 capable of recording, storing, or transmitting visual images of
40 another person.
41 (d) “Position of authority or trust” means a position
42 occupied by a person 18 years of age or older who is:
43 1. Employed by, volunteering at, or under contract with a
44 school, as defined in s. 775.0862(1), when the victim is a
45 person younger than 18 years of age who is enrolled at the
46 school; or
47 2. A relative, caregiver, coach, employer, or other person
48 who, by reason of his or her relationship with the victim, is
49 able to exercise undue influence over him or her or exploit his
50 or her trust.
51 (f)(c) “Place and time when a person has a Reasonable
52 expectation of privacy” means circumstances under which a place
53 and time when a reasonable person would believe that he or she
54 could fully disrobe in privacy, without being concerned that the
55 person’s undressing was being viewed, recorded, or broadcasted
56 by another, including, but not limited to, the interior of a
57 residential dwelling, bathroom, changing room, fitting room,
58 dressing room, or tanning booth.
59 (e)(d) “Privately exposing the body” means exposing a
60 sexual organ.
61 (2)(a) A person commits the offense of digital video
62 voyeurism if that person:
63 1.(a) For his or her own amusement, entertainment, sexual
64 arousal, gratification, or profit, or for the purpose of
65 degrading, exploiting, or abusing another person, intentionally
66 uses or installs an imaging device to secretly view, broadcast,
67 or record a person, without that person’s knowledge and consent,
68 who is dressing, undressing, or privately exposing the body, at
69 a place and time when that person has a reasonable expectation
70 of privacy;
71 2.(b) For the amusement, entertainment, sexual arousal,
72 gratification, or profit of another, or on behalf of another,
73 intentionally permits the use or installation of an imaging
74 device to secretly view, broadcast, or record a person, without
75 that person’s knowledge and consent, who is dressing,
76 undressing, or privately exposing the body, at a place and time
77 when that person has a reasonable expectation of privacy; or
78 3.(c) For the amusement, entertainment, sexual arousal,
79 gratification, or profit of oneself or another, or on behalf of
80 oneself or another, intentionally uses an imaging device to
81 secretly view, broadcast, or record under or through the
82 clothing being worn by another person, without that person’s
83 knowledge and consent, for the purpose of viewing the body of,
84 or the undergarments worn by, that person.
85 (b)1. A person who is under 19 years of age and who
86 violates this subsection commits:
87 a. For a first offense, a misdemeanor of the first degree,
88 punishable as provided in s. 775.082 or s. 775.083.
89 b. For a second or subsequent offense, a felony of the
90 third degree, punishable as provided in s. 775.082, s. 775.083,
91 or s. 775.084.
92 2. A person who is 19 years of age or older and who
93 violates this subsection commits a felony of the third degree,
94 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
95 (3)(a) A person commits the offense of digital video
96 voyeurism dissemination if that person, knowing or having reason
97 to believe that an image or recording was created in a manner
98 described in subsection (2) this section, intentionally
99 disseminates, distributes, or transfers the image or recording
100 to another person:
101 1. For the purpose of the amusement, entertainment, sexual
102 arousal, or gratification of any person, or profit, or for the
103 purpose of degrading, exploiting, or abusing another person; or
104 2. For a commercial purpose or pecuniary gain.
105 (b)1. A person who is under 19 years of age and who
106 violates this subsection commits:
107 a. For a first offense, a misdemeanor of the first degree,
108 punishable as provided in s. 775.082 or s. 775.083.
109 b. For a second or subsequent offense, a felony of the
110 third degree, punishable as provided in s. 775.082, s. 775.083,
111 or s. 775.084.
112 2. A person who is 19 years of age or older and who
113 violates this subsection commits a felony of the second degree,
114 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
115 (4) Each instance of the viewing, broadcasting, recording,
116 disseminating, distributing, or transferring of an image or
117 recording made in violation of this section is a separate
118 offense for which a separate penalty is authorized A person
119 commits the offense of commercial video voyeurism dissemination
120 if that person:
121 (a) Knowing or having reason to believe that an image was
122 created in a manner described in this section, sells the image
123 for consideration to another person; or
124 (b) Having created the image in a manner described in this
125 section, disseminates, distributes, or transfers the image to
126 another person for that person to sell the image to others.
127 (5) This section does not apply to any:
128 (a) Law enforcement agency conducting surveillance for a
129 law enforcement purpose;
130 (b) Security system when a written notice is conspicuously
131 posted on the premises stating that a video surveillance system
132 has been installed for the purpose of security for the premises;
133 (c) Video surveillance device that is installed in such a
134 manner that the presence of the device is clearly and
135 immediately obvious; or
136 (d) Dissemination, distribution, or transfer of images
137 subject to this section by a provider of an electronic
138 communication service as defined in 18 U.S.C. s. 2510(15), or a
139 provider of a remote computing service as defined in 18 U.S.C.
140 s. 2711(2). For purposes of this section, the exceptions to the
141 definition of “electronic communication” set forth in 18 U.S.C.
142 s. 2510(12)(a), (b), (c), and (d) do not apply, but are included
143 within the definition of the term.
144 (6) If a person who is 19 years or age or older is
145 convicted of committing digital voyeurism or digital voyeurism
146 dissemination and is a family or household member of the victim,
147 holds a position of authority or trust with the victim, or has
148 previously been convicted or adjudicated delinquent for a
149 violation of this section, the court shall reclassify the felony
150 to the next higher degree as follows:
151 (a) A felony of the third degree is reclassified as a
152 felony of the second degree.
153 (b) A felony of the second degree is reclassified as a
154 felony of the first degree.
155
156 For purposes of sentencing under chapter 921 and incentive gain
157 time eligibility under chapter 944, a felony that is
158 reclassified under this subsection is ranked one level above the
159 ranking under s. 921.0022 of the felony offense committed.
160 (6) Except as provided in subsections (7) and (8):
161 (a) A person who is under 19 years of age and who violates
162 this section commits a misdemeanor of the first degree,
163 punishable as provided in s. 775.082 or s. 775.083.
164 (b) A person who is 19 years of age or older and who
165 violates this section commits a felony of the third degree,
166 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
167 (7) A person who violates this section and who has
168 previously been convicted of or adjudicated delinquent for any
169 violation of this section commits a felony of the second degree,
170 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
171 (8)(a) A person who is:
172 1. Eighteen years of age or older who is responsible for
173 the welfare of a child younger than 16 years of age, regardless
174 of whether the person knows or has reason to know the age of the
175 child, and who commits an offense under this section against
176 that child;
177 2. Eighteen years of age or older who is employed at a
178 private school as defined in s. 1002.01; a school as defined in
179 s. 1003.01; or a voluntary prekindergarten education program as
180 described in s. 1002.53(3)(a), (b), or (c) and who commits an
181 offense under this section against a student of the private
182 school, school, or voluntary prekindergarten education program;
183 or
184 3. Twenty-four years of age or older who commits an offense
185 under this section against a child younger than 16 years of age,
186 regardless of whether the person knows or has reason to know the
187 age of the child
188
189 commits a felony of the second degree, punishable as provided in
190 s. 775.082, s. 775.083, or s. 775.084.
191 (b) A person who violates this subsection and who has
192 previously been convicted of or adjudicated delinquent for any
193 violation of this section commits a felony of the second degree,
194 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
195 (7)(9) For purposes of this section, a person has
196 previously been convicted of or adjudicated delinquent for a
197 violation of this section if the violation resulted in a
198 conviction that was sentenced separately, or an adjudication of
199 delinquency entered separately, before prior to the current
200 offense.
201 Section 2. Paragraphs (d), (e), and (f) of subsection (3)
202 of section 921.0022, Florida Statutes, are amended to read:
203 921.0022 Criminal Punishment Code; offense severity ranking
204 chart.—
205 (3) OFFENSE SEVERITY RANKING CHART
206 (d) LEVEL 4
207
208
209 FloridaStatute FelonyDegree Description
210 316.1935(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.
211 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
212 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
213 517.07(1) 3rd Failure to register securities.
214 517.12(1) 3rd Failure of dealer or associated person of a dealer of securities to register.
215 784.031 3rd Battery by strangulation.
216 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
217 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
218 784.075 3rd Battery on detention or commitment facility staff.
219 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
220 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
221 784.081(3) 3rd Battery on specified official or employee.
222 784.082(3) 3rd Battery by detained person on visitor or other detainee.
223 784.083(3) 3rd Battery on code inspector.
224 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
225 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
226 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
227 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
228 787.07 3rd Human smuggling.
229 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
230 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
231 790.115(2)(c) 3rd Possessing firearm on school property.
232 794.051(1) 3rd Indecent, lewd, or lascivious touching of certain minors.
233 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
234 806.135 2nd Destroying or demolishing a memorial or historic property.
235 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
236 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
237 810.06 3rd Burglary; possession of tools.
238 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
239 810.145(2)(b)1.b. or 2. 3rd Digital voyeurism; under age 19, second or subsequent offense; or 19 or older.
240 810.145(3)(b)1.b. 3rd Digital voyeurism dissemination; under 19 years of age, second or subsequent offense.
241 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
242 812.014 (2)(c)4. & 6.-10. 3rd Grand theft, 3rd degree; specified items.
243 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
244 817.505(4)(a) 3rd Patient brokering.
245 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
246 817.568(2)(a) 3rd Fraudulent use of personal identification information.
247 817.5695(3)(c) 3rd Exploitation of person 65 years of age or older, value less than $10,000.
248 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
249 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
250 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
251 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it.
252 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose.
253 837.02(1) 3rd Perjury in official proceedings.
254 837.021(1) 3rd Make contradictory statements in official proceedings.
255 838.022 3rd Official misconduct.
256 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
257 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
258 843.021 3rd Possession of a concealed handcuff key by a person in custody.
259 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
260 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
261 843.19(2) 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
262 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
263 870.01(3) 2nd Aggravated rioting.
264 870.01(5) 2nd Aggravated inciting a riot.
265 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
266 893.13(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).
267 914.14(2) 3rd Witnesses accepting bribes.
268 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
269 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
270 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
271 918.12 3rd Tampering with jurors.
272 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
273 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
274 951.22(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.
275 (e) LEVEL 5
276
277
278 FloridaStatute FelonyDegree Description
279 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
280 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
281 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
282 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
283 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
284 379.365(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.
285 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
286 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
287 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
288 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
289 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
290 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
291 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
292 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
293 790.01(3) 3rd Unlawful carrying of a concealed firearm.
294 790.162 2nd Threat to throw or discharge destructive device.
295 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
296 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
297 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
298 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
299 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
300 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
301 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
302 810.145(3)(a)1. 2nd Digital voyeurism dissemination; 19 years of age or older; for amusement, etc.
303 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
304 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
305 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
306 812.019(1) 2nd Stolen property; dealing in or trafficking in.
307 812.081(3) 2nd Trafficking in trade secrets.
308 812.131(2)(b) 3rd Robbery by sudden snatching.
309 812.16(2) 3rd Owning, operating, or conducting a chop shop.
310 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
311 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
312 817.2341(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.
313 817.568(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.
314 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
315 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
316 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
317 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
318 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
319 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
320 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
321 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
322 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.
323 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
324 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
325 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
326 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
327 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
328 893.13(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).
329 893.13(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.
330 893.13(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.
331 893.13(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.
332 893.13(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.
333 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
334 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
335 (f) LEVEL 6
336
337
338 FloridaStatute FelonyDegree Description
339 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
340 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
341 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
342 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
343 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
344 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
345 775.0875(1) 3rd Taking firearm from law enforcement officer.
346 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
347 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
348 784.041 3rd Felony battery; domestic battery by strangulation.
349 784.048(3) 3rd Aggravated stalking; credible threat.
350 784.048(5) 3rd Aggravated stalking of person under 16.
351 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
352 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
353 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
354 784.081(2) 2nd Aggravated assault on specified official or employee.
355 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
356 784.083(2) 2nd Aggravated assault on code inspector.
357 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
358 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
359 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
360 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
361 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
362 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
363 794.05(1) 2nd Unlawful sexual activity with specified minor.
364 800.04(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.
365 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
366 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
367 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
368 810.145(3)(a)2. 810.145(8)(b) 2nd Digital Video voyeurism dissemination; commercial purpose or pecuniary gain; 19 years of age or older; certain minor victims; 2nd or subsequent offense.
369 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
370 812.014(2)(c)5. 3rd Grand theft; third degree; firearm.
371 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
372 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
373 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
374 812.015(9)(d) 2nd Retail theft; multiple thefts within specified period.
375 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
376 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
377 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death.
378 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
379 817.5695(3)(b) 2nd Exploitation of person 65 years of age or older, value $10,000 or more, but less than $50,000.
380 825.102(1) 3rd Abuse of an elderly person or disabled adult.
381 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
382 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
383 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
384 827.03(2)(c) 3rd Abuse of a child.
385 827.03(2)(d) 3rd Neglect of a child.
386 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
387 828.126(3) 3rd Sexual activities involving animals.
388 836.05 2nd Threats; extortion.
389 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
390 843.12 3rd Aids or assists person to escape.
391 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
392 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
393 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
394 893.131 2nd Distribution of controlled substances resulting in overdose or serious bodily injury.
395 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
396 918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a capital felony.
397 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
398 944.40 2nd Escapes.
399 944.46 3rd Harboring, concealing, aiding escaped prisoners.
400 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
401 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
402 Section 3. Paragraph (e) of subsection (4) of section
403 397.417, Florida Statutes, is amended to read:
404 397.417 Peer specialists.—
405 (4) BACKGROUND SCREENING.—
406 (e) The background screening conducted under this
407 subsection must ensure that a peer specialist has not been
408 arrested for and is awaiting final disposition of, found guilty
409 of, regardless of adjudication, or entered a plea of nolo
410 contendere or guilty to, or been adjudicated delinquent and the
411 record has not been sealed or expunged for, any offense
412 prohibited under any of the following state laws or similar laws
413 of another jurisdiction:
414 1. Section 393.135, relating to sexual misconduct with
415 certain developmentally disabled clients and reporting of such
416 sexual misconduct.
417 2. Section 394.4593, relating to sexual misconduct with
418 certain mental health patients and reporting of such sexual
419 misconduct.
420 3. Section 409.920, relating to Medicaid provider fraud, if
421 the offense was a felony of the first or second degree.
422 4. Section 415.111, relating to abuse, neglect, or
423 exploitation of vulnerable adults.
424 5. Any offense that constitutes domestic violence as
425 defined in s. 741.28.
426 6. Section 777.04, relating to attempts, solicitation, and
427 conspiracy to commit an offense listed in this paragraph.
428 7. Section 782.04, relating to murder.
429 8. Section 782.07, relating to manslaughter; aggravated
430 manslaughter of an elderly person or a disabled adult;
431 aggravated manslaughter of a child; or aggravated manslaughter
432 of an officer, a firefighter, an emergency medical technician,
433 or a paramedic.
434 9. Section 782.071, relating to vehicular homicide.
435 10. Section 782.09, relating to killing an unborn child by
436 injury to the mother.
437 11. Chapter 784, relating to assault, battery, and culpable
438 negligence, if the offense was a felony.
439 12. Section 787.01, relating to kidnapping.
440 13. Section 787.02, relating to false imprisonment.
441 14. Section 787.025, relating to luring or enticing a
442 child.
443 15. Section 787.04(2), relating to leading, taking,
444 enticing, or removing a minor beyond state limits, or concealing
445 the location of a minor, with criminal intent pending custody
446 proceedings.
447 16. Section 787.04(3), relating to leading, taking,
448 enticing, or removing a minor beyond state limits, or concealing
449 the location of a minor, with criminal intent pending dependency
450 proceedings or proceedings concerning alleged abuse or neglect
451 of a minor.
452 17. Section 790.115(1), relating to exhibiting firearms or
453 weapons within 1,000 feet of a school.
454 18. Section 790.115(2)(b), relating to possessing an
455 electric weapon or device, a destructive device, or any other
456 weapon on school property.
457 19. Section 794.011, relating to sexual battery.
458 20. Former s. 794.041, relating to prohibited acts of
459 persons in familial or custodial authority.
460 21. Section 794.05, relating to unlawful sexual activity
461 with certain minors.
462 22. Section 794.08, relating to female genital mutilation.
463 23. Section 796.07, relating to procuring another to commit
464 prostitution, except for those offenses expunged pursuant to s.
465 943.0583.
466 24. Section 798.02, relating to lewd and lascivious
467 behavior.
468 25. Chapter 800, relating to lewdness and indecent
469 exposure.
470 26. Section 806.01, relating to arson.
471 27. Section 810.02, relating to burglary, if the offense
472 was a felony of the first degree.
473 28. Section 810.14, relating to voyeurism, if the offense
474 was a felony.
475 29. Section 810.145, relating to digital video voyeurism,
476 if the offense was a felony.
477 30. Section 812.13, relating to robbery.
478 31. Section 812.131, relating to robbery by sudden
479 snatching.
480 32. Section 812.133, relating to carjacking.
481 33. Section 812.135, relating to home-invasion robbery.
482 34. Section 817.034, relating to communications fraud, if
483 the offense was a felony of the first degree.
484 35. Section 817.234, relating to false and fraudulent
485 insurance claims, if the offense was a felony of the first or
486 second degree.
487 36. Section 817.50, relating to fraudulently obtaining
488 goods or services from a health care provider and false reports
489 of a communicable disease.
490 37. Section 817.505, relating to patient brokering.
491 38. Section 817.568, relating to fraudulent use of personal
492 identification, if the offense was a felony of the first or
493 second degree.
494 39. Section 825.102, relating to abuse, aggravated abuse,
495 or neglect of an elderly person or a disabled adult.
496 40. Section 825.1025, relating to lewd or lascivious
497 offenses committed upon or in the presence of an elderly person
498 or a disabled person.
499 41. Section 825.103, relating to exploitation of an elderly
500 person or a disabled adult, if the offense was a felony.
501 42. Section 826.04, relating to incest.
502 43. Section 827.03, relating to child abuse, aggravated
503 child abuse, or neglect of a child.
504 44. Section 827.04, relating to contributing to the
505 delinquency or dependency of a child.
506 45. Former s. 827.05, relating to negligent treatment of
507 children.
508 46. Section 827.071, relating to sexual performance by a
509 child.
510 47. Section 831.30, relating to fraud in obtaining
511 medicinal drugs.
512 48. Section 831.31, relating to the sale; manufacture;
513 delivery; or possession with intent to sell, manufacture, or
514 deliver of any counterfeit controlled substance, if the offense
515 was a felony.
516 49. Section 843.01, relating to resisting arrest with
517 violence.
518 50. Section 843.025, relating to depriving a law
519 enforcement, correctional, or correctional probation officer of
520 the means of protection or communication.
521 51. Section 843.12, relating to aiding in an escape.
522 52. Section 843.13, relating to aiding in the escape of
523 juvenile inmates of correctional institutions.
524 53. Chapter 847, relating to obscenity.
525 54. Section 874.05, relating to encouraging or recruiting
526 another to join a criminal gang.
527 55. Chapter 893, relating to drug abuse prevention and
528 control, if the offense was a felony of the second degree or
529 greater severity.
530 56. Section 895.03, relating to racketeering and collection
531 of unlawful debts.
532 57. Section 896.101, relating to the Florida Money
533 Laundering Act.
534 58. Section 916.1075, relating to sexual misconduct with
535 certain forensic clients and reporting of such sexual
536 misconduct.
537 59. Section 944.35(3), relating to inflicting cruel or
538 inhuman treatment on an inmate resulting in great bodily harm.
539 60. Section 944.40, relating to escape.
540 61. Section 944.46, relating to harboring, concealing, or
541 aiding an escaped prisoner.
542 62. Section 944.47, relating to introduction of contraband
543 into a correctional institution.
544 63. Section 985.701, relating to sexual misconduct in
545 juvenile justice programs.
546 64. Section 985.711, relating to introduction of contraband
547 into a detention facility.
548 Section 4. Paragraph (ff) of subsection (2) of section
549 435.04, Florida Statutes, as amended by s. 2, ch. 2023-220, Laws
550 of Florida, is amended to read:
551 435.04 Level 2 screening standards.—
552 (2) The security background investigations under this
553 section must ensure that no persons subject to the provisions of
554 this section have been arrested for and are awaiting final
555 disposition of, have been found guilty of, regardless of
556 adjudication, or entered a plea of nolo contendere or guilty to,
557 or have been adjudicated delinquent and the record has not been
558 sealed or expunged for, any offense prohibited under any of the
559 following provisions of state law or similar law of another
560 jurisdiction:
561 (ff) Section 810.145, relating to digital video voyeurism,
562 if the offense is a felony.
563 Section 5. Paragraph (s) of subsection (5) of section
564 456.074, Florida Statutes, is amended to read:
565 456.074 Certain health care practitioners; immediate
566 suspension of license.—
567 (5) The department shall issue an emergency order
568 suspending the license of any health care practitioner who is
569 arrested for committing or attempting, soliciting, or conspiring
570 to commit any act that would constitute a violation of any of
571 the following criminal offenses in this state or similar
572 offenses in another jurisdiction:
573 (s) Former section 810.145(8), relating to video voyeurism
574 of a minor.
575 Section 6. Subsection (2) of section 775.0862, Florida
576 Statutes, is amended to read:
577 775.0862 Sexual offenses against students by authority
578 figures; reclassification.—
579 (2) The felony degree of a violation of an offense listed
580 in s. 943.0435(1)(h)1.a., unless the offense is a violation of
581 s. 794.011(4)(e)7. or former s. 810.145(8)(a)2., shall be
582 reclassified as provided in this section if the offense is
583 committed by an authority figure of a school against a student
584 of the school.
585 Section 7. Subsection (17) of section 775.15, Florida
586 Statutes, is amended to read:
587 775.15 Time limitations; general time limitations;
588 exceptions.—
589 (17) In addition to the time periods prescribed in this
590 section, a prosecution for digital video voyeurism in violation
591 of s. 810.145 may be commenced within 1 year after the date on
592 which the victim of digital video voyeurism obtains actual
593 knowledge of the existence of such a recording or the date on
594 which the recording is confiscated by a law enforcement agency,
595 whichever occurs first. Any dissemination of such a recording
596 before the victim obtains actual knowledge thereof or before its
597 confiscation by a law enforcement agency does not affect any
598 provision of this subsection.
599 Section 8. Paragraph (a) of subsection (4) of section
600 775.21, Florida Statutes, is amended to read:
601 775.21 The Florida Sexual Predators Act.—
602 (4) SEXUAL PREDATOR CRITERIA.—
603 (a) For a current offense committed on or after October 1,
604 1993, upon conviction, an offender shall be designated as a
605 “sexual predator” under subsection (5), and subject to
606 registration under subsection (6) and community and public
607 notification under subsection (7) if:
608 1. The felony is:
609 a. A capital, life, or first degree felony violation, or
610 any attempt thereof, of s. 787.01 or s. 787.02, where the victim
611 is a minor, or s. 794.011, s. 800.04, or s. 847.0145, or a
612 violation of a similar law of another jurisdiction; or
613 b. Any felony violation, or any attempt thereof, of s.
614 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
615 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
616 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
617 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
618 s. 800.04; former s. 810.145(8)(b); s. 825.1025; s. 827.071; s.
619 847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03, if
620 the court makes a written finding that the racketeering activity
621 involved at least one sexual offense listed in this sub
622 subparagraph or at least one offense listed in this sub
623 subparagraph with sexual intent or motive; s. 916.1075(2); or s.
624 985.701(1); or a violation of a similar law of another
625 jurisdiction, and the offender has previously been convicted of
626 or found to have committed, or has pled nolo contendere or
627 guilty to, regardless of adjudication, any violation of s.
628 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
629 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
630 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
631 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
632 s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
633 excluding s. 847.0135(6); s. 847.0145; s. 895.03, if the court
634 makes a written finding that the racketeering activity involved
635 at least one sexual offense listed in this sub-subparagraph or
636 at least one offense listed in this sub-subparagraph with sexual
637 intent or motive; s. 916.1075(2); or s. 985.701(1); or a
638 violation of a similar law of another jurisdiction;
639 2. The offender has not received a pardon for any felony or
640 similar law of another jurisdiction that is necessary for the
641 operation of this paragraph; and
642 3. A conviction of a felony or similar law of another
643 jurisdiction necessary to the operation of this paragraph has
644 not been set aside in any postconviction proceeding.
645 Section 9. Paragraph (h) of subsection (1) of section
646 943.0435, Florida Statutes, is amended to read:
647 943.0435 Sexual offenders required to register with the
648 department; penalty.—
649 (1) As used in this section, the term:
650 (h)1. “Sexual offender” means a person who meets the
651 criteria in sub-subparagraph a., sub-subparagraph b., sub
652 subparagraph c., or sub-subparagraph d., as follows:
653 a.(I) Has been convicted of committing, or attempting,
654 soliciting, or conspiring to commit, any of the criminal
655 offenses proscribed in the following statutes in this state or
656 similar offenses in another jurisdiction: s. 393.135(2); s.
657 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
658 the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former
659 s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s.
660 794.05; former s. 796.03; former s. 796.035; s. 800.04; former
661 s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s.
662 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
663 847.0145; s. 895.03, if the court makes a written finding that
664 the racketeering activity involved at least one sexual offense
665 listed in this sub-sub-subparagraph or at least one offense
666 listed in this sub-sub-subparagraph with sexual intent or
667 motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
668 committed in this state which has been redesignated from a
669 former statute number to one of those listed in this sub-sub
670 subparagraph; and
671 (II) Has been released on or after October 1, 1997, from a
672 sanction imposed for any conviction of an offense described in
673 sub-sub-subparagraph (I) and does not otherwise meet the
674 criteria for registration as a sexual offender under chapter 944
675 or chapter 985. For purposes of this sub-sub-subparagraph, a
676 sanction imposed in this state or in any other jurisdiction
677 means probation, community control, parole, conditional release,
678 control release, or incarceration in a state prison, federal
679 prison, private correctional facility, or local detention
680 facility. If no sanction is imposed, the person is deemed to be
681 released upon conviction;
682 b. Establishes or maintains a residence in this state and
683 who has not been designated as a sexual predator by a court of
684 this state but who has been designated as a sexual predator, as
685 a sexually violent predator, or by another sexual offender
686 designation in another state or jurisdiction and was, as a
687 result of such designation, subjected to registration or
688 community or public notification, or both, or would be if the
689 person were a resident of that state or jurisdiction, without
690 regard to whether the person otherwise meets the criteria for
691 registration as a sexual offender;
692 c. Establishes or maintains a residence in this state who
693 is in the custody or control of, or under the supervision of,
694 any other state or jurisdiction as a result of a conviction for
695 committing, or attempting, soliciting, or conspiring to commit,
696 any of the criminal offenses proscribed in the following
697 statutes or similar offense in another jurisdiction: s.
698 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
699 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
700 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
701 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
702 s. 800.04; former s. 810.145(8); s. 825.1025; s. 827.071; s.
703 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
704 847.0138; s. 847.0145; s. 895.03, if the court makes a written
705 finding that the racketeering activity involved at least one
706 sexual offense listed in this sub-subparagraph or at least one
707 offense listed in this sub-subparagraph with sexual intent or
708 motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
709 committed in this state which has been redesignated from a
710 former statute number to one of those listed in this sub
711 subparagraph; or
712 d. On or after July 1, 2007, has been adjudicated
713 delinquent for committing, or attempting, soliciting, or
714 conspiring to commit, any of the criminal offenses proscribed in
715 the following statutes in this state or similar offenses in
716 another jurisdiction when the juvenile was 14 years of age or
717 older at the time of the offense:
718 (I) Section 794.011, excluding s. 794.011(10);
719 (II) Section 800.04(4)(a)2. where the victim is under 12
720 years of age or where the court finds sexual activity by the use
721 of force or coercion;
722 (III) Section 800.04(5)(c)1. where the court finds
723 molestation involving unclothed genitals;
724 (IV) Section 800.04(5)(d) where the court finds the use of
725 force or coercion and unclothed genitals; or
726 (V) Any similar offense committed in this state which has
727 been redesignated from a former statute number to one of those
728 listed in this sub-subparagraph.
729 2. For all qualifying offenses listed in sub-subparagraph
730 1.d., the court shall make a written finding of the age of the
731 offender at the time of the offense.
732
733 For each violation of a qualifying offense listed in this
734 subsection, except for a violation of s. 794.011, the court
735 shall make a written finding of the age of the victim at the
736 time of the offense. For a violation of s. 800.04(4), the court
737 shall also make a written finding indicating whether the offense
738 involved sexual activity and indicating whether the offense
739 involved force or coercion. For a violation of s. 800.04(5), the
740 court shall also make a written finding that the offense did or
741 did not involve unclothed genitals or genital area and that the
742 offense did or did not involve the use of force or coercion.
743 Section 10. Paragraph (r) of subsection (2) of section
744 943.0584, Florida Statutes, is amended to read:
745 943.0584 Criminal history records ineligible for court
746 ordered expunction or court-ordered sealing.—
747 (2) A criminal history record is ineligible for a
748 certificate of eligibility for expunction or a court-ordered
749 expunction pursuant to s. 943.0585 or a certificate of
750 eligibility for sealing or a court-ordered sealing pursuant to
751 s. 943.059 if the record is a conviction for any of the
752 following offenses:
753 (r) Voyeurism or digital video voyeurism, as defined in ss.
754 810.14 and 810.145, respectively;
755 Section 11. Paragraph (f) of subsection (1) of section
756 944.606, Florida Statutes, is amended to read:
757 944.606 Sexual offenders; notification upon release.—
758 (1) As used in this section, the term:
759 (f) “Sexual offender” means a person who has been convicted
760 of committing, or attempting, soliciting, or conspiring to
761 commit, any of the criminal offenses proscribed in the following
762 statutes in this state or similar offenses in another
763 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
764 787.02, or s. 787.025(2)(c), where the victim is a minor; s.
765 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
766 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
767 former s. 796.035; s. 800.04; former s. 810.145(8); s. 825.1025;
768 s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6);
769 s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03, if the court
770 makes a written finding that the racketeering activity involved
771 at least one sexual offense listed in this paragraph or at least
772 one offense listed in this paragraph with sexual intent or
773 motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
774 committed in this state which has been redesignated from a
775 former statute number to one of those listed in this subsection,
776 when the department has received verified information regarding
777 such conviction; an offender’s computerized criminal history
778 record is not, in and of itself, verified information.
779 Section 12. Paragraph (f) of subsection (1) of section
780 944.607, Florida Statutes, is amended to read:
781 944.607 Notification to Department of Law Enforcement of
782 information on sexual offenders.—
783 (1) As used in this section, the term:
784 (f) “Sexual offender” means a person who is in the custody
785 or control of, or under the supervision of, the department or is
786 in the custody of a private correctional facility:
787 1. On or after October 1, 1997, as a result of a conviction
788 for committing, or attempting, soliciting, or conspiring to
789 commit, any of the criminal offenses proscribed in the following
790 statutes in this state or similar offenses in another
791 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
792 787.02, or s. 787.025(2)(c), where the victim is a minor; s.
793 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
794 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
795 former s. 796.035; s. 800.04; former s. 810.145(8); s. 825.1025;
796 s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6);
797 s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03, if the court
798 makes a written finding that the racketeering activity involved
799 at least one sexual offense listed in this subparagraph or at
800 least one offense listed in this subparagraph with sexual intent
801 or motive; s. 916.1075(2); or s. 985.701(1); or any similar
802 offense committed in this state which has been redesignated from
803 a former statute number to one of those listed in this
804 paragraph; or
805 2. Who establishes or maintains a residence in this state
806 and who has not been designated as a sexual predator by a court
807 of this state but who has been designated as a sexual predator,
808 as a sexually violent predator, or by another sexual offender
809 designation in another state or jurisdiction and was, as a
810 result of such designation, subjected to registration or
811 community or public notification, or both, or would be if the
812 person were a resident of that state or jurisdiction, without
813 regard as to whether the person otherwise meets the criteria for
814 registration as a sexual offender.
815 Section 13. Paragraph (y) of subsection (1) of section
816 1012.315, Florida Statutes, is amended to read:
817 1012.315 Screening standards.—A person is ineligible for
818 educator certification or employment in any position that
819 requires direct contact with students in a district school
820 system, a charter school, or a private school that participates
821 in a state scholarship program under chapter 1002 if the person
822 is on the disqualification list maintained by the department
823 pursuant to s. 1001.10(4)(b), is registered as a sex offender as
824 described in 42 U.S.C. s. 9858f(c)(1)(C), would be ineligible
825 for an exemption under s. 435.07(4)(c), or has been convicted or
826 found guilty of, has had adjudication withheld for, or has pled
827 guilty or nolo contendere to:
828 (1) Any felony offense prohibited under any of the
829 following statutes:
830 (y) Section 810.145, relating to digital video voyeurism.
831 Section 14. This act shall take effect October 1, 2024.
