Florida Senate - 2024                      CS for CS for SB 1604
       
       
        
       By the Committees on Fiscal Policy; and Criminal Justice; and
       Senator Book
       
       
       
       
       594-03380-24                                          20241604c2
    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; specifying that
   12         each instance of certain violations is a separate
   13         offense; providing for reclassification of certain
   14         violations by certain persons; amending s. 921.0022,
   15         F.S.; ranking offenses on the offense severity ranking
   16         chart of the Criminal Punishment Code; amending ss.
   17         397.417, 435.04, 456.074, 775.15, 943.0584, and
   18         1012.315, F.S.; conforming provisions to changes made
   19         by the act; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 810.145, Florida Statutes, is amended to
   24  read:
   25         810.145 Digital Video voyeurism.—
   26         (1) As used in this section, the term:
   27         (a) “Broadcast” means electronically transmitting a visual
   28  image or visual recording with the intent that it be viewed by
   29  another person.
   30         (b)“Family or household member” has the same meaning as in
   31  s. 741.28.
   32         (c)(b) “Imaging device” means any mechanical, digital, or
   33  electronic viewing device; still camera; camcorder; motion
   34  picture camera; or any other instrument, equipment, or format
   35  capable of recording, storing, or transmitting visual images of
   36  another person.
   37         (d)“Position of authority or trust” means a position
   38  occupied by a person 18 years of age or older who is a relative,
   39  caregiver, coach, employer, or other person who, by reason of
   40  his or her relationship with the victim, is able to exercise
   41  undue influence over him or her or exploit his or her trust.
   42         (e)(d) “Privately exposing the body” means exposing a
   43  sexual organ.
   44         (f)(c) “Place and time when a person has a Reasonable
   45  expectation of privacy” means circumstances under which a place
   46  and time when a reasonable person would believe that he or she
   47  could fully disrobe in privacy, without being concerned that the
   48  person’s undressing was being viewed, recorded, or broadcasted
   49  by another, including, but not limited to, the interior of a
   50  residential dwelling, bathroom, changing room, fitting room,
   51  dressing room, or tanning booth.
   52         (2)(a) A person commits the offense of digital video
   53  voyeurism if that person:
   54         1.(a) For his or her own amusement, entertainment, sexual
   55  arousal, gratification, or profit, or for the purpose of
   56  degrading, exploiting, or abusing another person, intentionally
   57  uses or installs an imaging device to secretly view, broadcast,
   58  or record a person, without that person’s knowledge and consent,
   59  who is dressing, undressing, or privately exposing the body, at
   60  a place and time when that person has a reasonable expectation
   61  of privacy;
   62         2.(b) For the amusement, entertainment, sexual arousal,
   63  gratification, or profit of another, or on behalf of another,
   64  intentionally permits the use or installation of an imaging
   65  device to secretly view, broadcast, or record a person, without
   66  that person’s knowledge and consent, who is dressing,
   67  undressing, or privately exposing the body, at a place and time
   68  when that person has a reasonable expectation of privacy; or
   69         3.(c) For the amusement, entertainment, sexual arousal,
   70  gratification, or profit of oneself or another, or on behalf of
   71  oneself or another, intentionally uses an imaging device to
   72  secretly view, broadcast, or record under or through the
   73  clothing being worn by another person, without that person’s
   74  knowledge and consent, for the purpose of viewing the body of,
   75  or the undergarments worn by, that person.
   76         (b)A person who is under 19 years of age and who violates
   77  this subsection commits a misdemeanor of the first degree,
   78  punishable as provided in s. 775.082 or s. 775.083.
   79         (c)A person who is 19 years of age or older and who
   80  violates this subsection commits a felony of the third degree,
   81  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   82         (3)(a) A person commits the offense of digital video
   83  voyeurism dissemination if that person, knowing or having reason
   84  to believe that an image or recording was created in a manner
   85  described in subsection (2) this section, intentionally
   86  disseminates, distributes, or transfers the image or recording
   87  to another person for the purpose of the amusement,
   88  entertainment, sexual arousal, or gratification of any person,
   89  or profit, or for the purpose of degrading, exploiting, or
   90  abusing another person.
   91         (b)A person who violates this subsection commits a felony
   92  of the third degree, punishable as provided in s. 775.082, s.
   93  775.083, or s. 775.084.
   94         (4) A person commits the offense of commercial digital
   95  video voyeurism dissemination if that person:
   96         (a) Knowing or having reason to believe that an image or
   97  recording was created in a manner described in subsection (2)
   98  this section, sells the image or recording for consideration to
   99  another person; or
  100         (b) Having created the image or recording in a manner
  101  described in subsection (2) this section, disseminates,
  102  distributes, or transfers the image or recording to another
  103  person for that person to sell the image or recording to others.
  104         (c)A person who violates this subsection commits a felony
  105  of the third degree, punishable as provided in s. 775.082, s.
  106  775.083, or s. 775.084.
  107         (5) This section does not apply to any:
  108         (a) Law enforcement agency conducting surveillance for a
  109  law enforcement purpose;
  110         (b) Security system when a written notice is conspicuously
  111  posted on the premises stating that a video surveillance system
  112  has been installed for the purpose of security for the premises;
  113         (c) Video surveillance device that is installed in such a
  114  manner that the presence of the device is clearly and
  115  immediately obvious; or
  116         (d) Dissemination, distribution, or transfer of images or
  117  recordings subject to this section by a provider of an
  118  electronic communication service as defined in 18 U.S.C. s.
  119  2510(15), or a provider of a remote computing service as defined
  120  in 18 U.S.C. s. 2711(2). For purposes of this section, the
  121  exceptions to the definition of “electronic communication” set
  122  forth in 18 U.S.C. s. 2510(12)(a), (b), (c), and (d) do not
  123  apply, but are included within the definition of the term.
  124         (6) Each instance of the secret viewing of a person in
  125  violation of subsection (2) or the broadcasting, recording,
  126  disseminating, distributing, or transferring of an image or
  127  recording made in violation of subsection (2) is a separate
  128  offense for which a separate penalty is authorized. Except as
  129  provided in subsections (7) and (8):
  130         (a)A person who is under 19 years of age and who violates
  131  this section commits a misdemeanor of the first degree,
  132  punishable as provided in s. 775.082 or s. 775.083.
  133         (b)A person who is 19 years of age or older and who
  134  violates this section commits a felony of the third degree,
  135  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  136         (7)(a) A person who violates this section and who has
  137  previously been convicted of or adjudicated delinquent for any
  138  violation of this section commits a felony of the second degree,
  139  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  140         (b)If a person who is 19 years or age or older commits a
  141  violation of this section and is a family or household member of
  142  the victim or holds a position of authority or trust with the
  143  victim, the court shall reclassify the felony to the next higher
  144  degree as follows:
  145         1.A felony of the third degree is reclassified as a felony
  146  of the second degree.
  147         2.A felony of the second degree is reclassified as a
  148  felony of the first degree.
  149  
  150  For purposes of sentencing under chapter 921 and incentive gain
  151  time eligibility under chapter 944, a felony that is
  152  reclassified under this subsection is ranked one level above the
  153  ranking under s. 921.0022 of the felony offense committed.
  154         (8)(a) A person who is:
  155         1. Eighteen years of age or older who is responsible for
  156  the welfare of a child younger than 16 years of age, regardless
  157  of whether the person knows or has reason to know the age of the
  158  child, and who commits an offense under this section against
  159  that child;
  160         2. Eighteen years of age or older who is employed at a
  161  private school as defined in s. 1002.01; a school as defined in
  162  s. 1003.01; or a voluntary prekindergarten education program as
  163  described in s. 1002.53(3)(a), (b), or (c) and who commits an
  164  offense under this section against a student of the private
  165  school, school, or voluntary prekindergarten education program;
  166  or
  167         3. Twenty-four years of age or older who commits an offense
  168  under this section against a child younger than 16 years of age,
  169  regardless of whether the person knows or has reason to know the
  170  age of the child
  171  
  172  commits a felony of the second degree, punishable as provided in
  173  s. 775.082, s. 775.083, or s. 775.084.
  174         (b) A person who violates this subsection and who has
  175  previously been convicted of or adjudicated delinquent for any
  176  violation of this section commits a felony of the second degree,
  177  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  178         (9) For purposes of this section, a person has previously
  179  been convicted of or adjudicated delinquent for a violation of
  180  this section if the violation resulted in a conviction that was
  181  sentenced separately, or an adjudication of delinquency entered
  182  separately, before prior to the current offense.
  183         Section 2. Paragraphs (c), (d), (e), and (f) of subsection
  184  (3) of section 921.0022, Florida Statutes, are amended to read:
  185         921.0022 Criminal Punishment Code; offense severity ranking
  186  chart.—
  187         (3) OFFENSE SEVERITY RANKING CHART
  188         (c) LEVEL 3
  189  
  190  FloridaStatute    FelonyDegree           Description            
  191  119.10(2)(b)         3rd   Unlawful use of confidential information from police reports.
  192  316.066 (3)(b)-(d)   3rd   Unlawfully obtaining or using confidential crash reports.
  193  316.193(2)(b)        3rd   Felony DUI, 3rd conviction.       
  194  316.1935(2)          3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  195  319.30(4)            3rd   Possession by junkyard of motor vehicle with identification number plate removed.
  196  319.33(1)(a)         3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
  197  319.33(1)(c)         3rd   Procure or pass title on stolen vehicle.
  198  319.33(4)            3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  199  327.35(2)(b)         3rd   Felony BUI.                       
  200  328.05(2)            3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  201  328.07(4)            3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  202  376.302(5)           3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  203  379.2431 (1)(e)5.    3rd   Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
  204  379.2431 (1)(e)6.    3rd   Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
  205  379.2431 (1)(e)7.    3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  206  400.9935(4)(a) or (b)   3rd   Operating a clinic, or offering services requiring licensure, without a license.
  207  400.9935(4)(e)       3rd   Filing a false license application or other required information or failing to report information.
  208  440.1051(3)          3rd   False report of workers’ compensation fraud or retaliation for making such a report.
  209  501.001(2)(b)        2nd   Tampers with a consumer product or the container using materially false/misleading information.
  210  624.401(4)(a)        3rd   Transacting insurance without a certificate of authority.
  211  624.401(4)(b)1.      3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
  212  626.902(1)(a) & (b)   3rd   Representing an unauthorized insurer.
  213  697.08               3rd   Equity skimming.                  
  214  790.15(3)            3rd   Person directs another to discharge firearm from a vehicle.
  215  794.053              3rd   Lewd or lascivious written solicitation of a person 16 or 17 years of age by a person 24 years of age or older.
  216  806.10(1)            3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  217  806.10(2)            3rd   Interferes with or assaults firefighter in performance of duty.
  218  810.09(2)(c)         3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  219  810.145(2)(c)        3rd   Digital voyeurism; 19 years of age or older.
  220  812.014(2)(c)2.      3rd   Grand theft; $5,000 or more but less than $10,000.
  221  812.0145(2)(c)       3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
  222  812.015(8)(b)        3rd   Retail theft with intent to sell; conspires with others.
  223  812.081(2)           3rd   Theft of a trade secret.          
  224  815.04(4)(b)         2nd   Computer offense devised to defraud or obtain property.
  225  817.034(4)(a)3.      3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  226  817.233              3rd   Burning to defraud insurer.       
  227  817.234 (8)(b) & (c)   3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
  228  817.234(11)(a)       3rd   Insurance fraud; property value less than $20,000.
  229  817.236              3rd   Filing a false motor vehicle insurance application.
  230  817.2361             3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  231  817.413(2)           3rd   Sale of used goods of $1,000 or more as new.
  232  817.49(2)(b)1.       3rd   Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
  233  831.28(2)(a)         3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
  234  831.29               2nd   Possession of instruments for counterfeiting driver licenses or identification cards.
  235  836.13(2)            3rd   Person who promotes an altered sexual depiction of an identifiable person without consent.
  236  838.021(3)(b)        3rd   Threatens unlawful harm to public servant.
  237  860.15(3)            3rd   Overcharging for repairs and parts.
  238  870.01(2)            3rd   Riot.                             
  239  870.01(4)            3rd   Inciting a riot.                  
  240  893.13(1)(a)2.       3rd   Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
  241  893.13(1)(d)2.       2nd   Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
  242  893.13(1)(f)2.       2nd   Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
  243  893.13(4)(c)         3rd   Use or hire of minor; deliver to minor other controlled substances.
  244  893.13(6)(a)         3rd   Possession of any controlled substance other than felony possession of cannabis.
  245  893.13(7)(a)8.       3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  246  893.13(7)(a)9.       3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  247  893.13(7)(a)10.      3rd   Affix false or forged label to package of controlled substance.
  248  893.13(7)(a)11.      3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
  249  893.13(8)(a)1.       3rd   Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
  250  893.13(8)(a)2.       3rd   Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
  251  893.13(8)(a)3.       3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
  252  893.13(8)(a)4.       3rd   Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
  253  918.13(1)            3rd   Tampering with or fabricating physical evidence.
  254  944.47 (1)(a)1. & 2.   3rd   Introduce contraband to correctional facility.
  255  944.47(1)(c)         2nd   Possess contraband while upon the grounds of a correctional institution.
  256  985.721              3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
  257         (d) LEVEL 4
  258  
  259  FloridaStatute    FelonyDegree           Description            
  260  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.
  261  499.0051(1)          3rd   Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  262  499.0051(5)          2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  263  517.07(1)            3rd   Failure to register securities.   
  264  517.12(1)            3rd   Failure of dealer or associated person of a dealer of securities to register.
  265  784.031              3rd   Battery by strangulation.         
  266  784.07(2)(b)         3rd   Battery of law enforcement officer, firefighter, etc.
  267  784.074(1)(c)        3rd   Battery of sexually violent predators facility staff.
  268  784.075              3rd   Battery on detention or commitment facility staff.
  269  784.078              3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  270  784.08(2)(c)         3rd   Battery on a person 65 years of age or older.
  271  784.081(3)           3rd   Battery on specified official or employee.
  272  784.082(3)           3rd   Battery by detained person on visitor or other detainee.
  273  784.083(3)           3rd   Battery on code inspector.        
  274  784.085              3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  275  787.03(1)            3rd   Interference with custody; wrongly takes minor from appointed guardian.
  276  787.04(2)            3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  277  787.04(3)            3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  278  787.07               3rd   Human smuggling.                  
  279  790.115(1)           3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
  280  790.115(2)(b)        3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
  281  790.115(2)(c)        3rd   Possessing firearm on school property.
  282  794.051(1)           3rd   Indecent, lewd, or lascivious touching of certain minors.
  283  800.04(7)(c)         3rd   Lewd or lascivious exhibition; offender less than 18 years.
  284  806.135              2nd   Destroying or demolishing a memorial or historic property.
  285  810.02(4)(a)         3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  286  810.02(4)(b)         3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  287  810.06               3rd   Burglary; possession of tools.    
  288  810.08(2)(c)         3rd   Trespass on property, armed with firearm or dangerous weapon.
  289  810.145(3)(b)        3rd   Digital voyeurism dissemination.  
  290  812.014(2)(c)3.      3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
  291  812.014 (2)(c)4. & 6.-10.   3rd   Grand theft, 3rd degree; specified items.
  292  812.0195(2)          3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
  293  817.505(4)(a)        3rd   Patient brokering.                
  294  817.563(1)           3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  295  817.568(2)(a)        3rd   Fraudulent use of personal identification information.
  296  817.5695(3)(c)       3rd   Exploitation of person 65 years of age or older, value less than $10,000.
  297  817.625(2)(a)        3rd   Fraudulent use of scanning device, skimming device, or reencoder.
  298  817.625(2)(c)        3rd   Possess, sell, or deliver skimming device.
  299  828.125(1)           2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  300  836.14(2)            3rd   Person who commits theft of a sexually explicit image with intent to promote it.
  301  836.14(3)            3rd   Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose.
  302  837.02(1)            3rd   Perjury in official proceedings.  
  303  837.021(1)           3rd   Make contradictory statements in official proceedings.
  304  838.022              3rd   Official misconduct.              
  305  839.13(2)(a)         3rd   Falsifying records of an individual in the care and custody of a state agency.
  306  839.13(2)(c)         3rd   Falsifying records of the Department of Children and Families.
  307  843.021              3rd   Possession of a concealed handcuff key by a person in custody.
  308  843.025              3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  309  843.15(1)(a)         3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
  310  843.19(2)            2nd   Injure, disable, or kill police, fire, or SAR canine or police horse.
  311  847.0135(5)(c)       3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
  312  870.01(3)            2nd   Aggravated rioting.               
  313  870.01(5)            2nd   Aggravated inciting a riot.       
  314  874.05(1)(a)         3rd   Encouraging or recruiting another to join a criminal gang.
  315  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).
  316  914.14(2)            3rd   Witnesses accepting bribes.       
  317  914.22(1)            3rd   Force, threaten, etc., witness, victim, or informant.
  318  914.23(2)            3rd   Retaliation against a witness, victim, or informant, no bodily injury.
  319  916.1085 (2)(c)1.    3rd   Introduction of specified contraband into certain DCF facilities.
  320  918.12               3rd   Tampering with jurors.            
  321  934.215              3rd   Use of two-way communications device to facilitate commission of a crime.
  322  944.47(1)(a)6.       3rd   Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
  323  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.
  324         (e) LEVEL 5
  325  
  326  FloridaStatute    FelonyDegree           Description            
  327  316.027(2)(a)        3rd   Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  328  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
  329  316.80(2)            2nd   Unlawful conveyance of fuel; obtaining fuel fraudulently.
  330  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  331  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
  332  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.
  333  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  334  379.407(5)(b)3.      3rd   Possession of 100 or more undersized spiny lobsters.
  335  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
  336  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
  337  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  338  440.381(2)           3rd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  339  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  340  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
  341  790.01(3)            3rd   Unlawful carrying of a concealed firearm.
  342  790.162              2nd   Threat to throw or discharge destructive device.
  343  790.163(1)           2nd   False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  344  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
  345  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  346  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
  347  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years of age.
  348  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years of age or older.
  349  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  350  810.145(4)(c)        3rd   Commercial digital voyeurism dissemination.
  351  810.145(7)(a)        2nd   Digital voyeurism; 2nd or subsequent offense.
  352  810.145(8)(a)        2nd   Digital voyeurism; certain minor victims.
  353  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  354  812.015 (8)(a) & (c)-(e)   3rd   Retail theft; property stolen is valued at $750 or more and one or more specified acts.
  355  812.015(8)(f)        3rd   Retail theft; multiple thefts within specified period.
  356  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
  357  812.081(3)           2nd   Trafficking in trade secrets.     
  358  812.131(2)(b)        3rd   Robbery by sudden snatching.      
  359  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
  360  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
  361  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  362  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.
  363  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.
  364  817.611(2)(a)        2nd   Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  365  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  366  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  367  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
  368  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
  369  828.12(2)            3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  370  836.14(4)            2nd   Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
  371  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.
  372  843.01(1)            3rd   Resist officer with violence to person; resist arrest with violence.
  373  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  374  847.0137 (2) & (3)   3rd   Transmission of pornography by electronic device or equipment.
  375  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  376  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  377  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 years of age to join a criminal gang.
  378  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).
  379  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.
  380  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.
  381  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.
  382  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.
  383  893.13(4)(b)         2nd   Use or hire of minor; deliver to minor other controlled substance.
  384  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  385         (f) LEVEL 6
  386  
  387  FloridaStatute    FelonyDegree           Description            
  388  316.027(2)(b)        2nd   Leaving the scene of a crash involving serious bodily injury.
  389  316.193(2)(b)        3rd   Felony DUI, 4th or subsequent conviction.
  390  400.9935(4)(c)       2nd   Operating a clinic, or offering services requiring licensure, without a license.
  391  499.0051(2)          2nd   Knowing forgery of transaction history, transaction information, or transaction statement.
  392  499.0051(3)          2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
  393  499.0051(4)          2nd   Knowing sale or transfer of prescription drug to unauthorized person.
  394  775.0875(1)          3rd   Taking firearm from law enforcement officer.
  395  784.021(1)(a)        3rd   Aggravated assault; deadly weapon without intent to kill.
  396  784.021(1)(b)        3rd   Aggravated assault; intent to commit felony.
  397  784.041              3rd   Felony battery; domestic battery by strangulation.
  398  784.048(3)           3rd   Aggravated stalking; credible threat.
  399  784.048(5)           3rd   Aggravated stalking of person under 16.
  400  784.07(2)(c)         2nd   Aggravated assault on law enforcement officer.
  401  784.074(1)(b)        2nd   Aggravated assault on sexually violent predators facility staff.
  402  784.08(2)(b)         2nd   Aggravated assault on a person 65 years of age or older.
  403  784.081(2)           2nd   Aggravated assault on specified official or employee.
  404  784.082(2)           2nd   Aggravated assault by detained person on visitor or other detainee.
  405  784.083(2)           2nd   Aggravated assault on code inspector.
  406  787.02(2)            3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
  407  790.115(2)(d)        2nd   Discharging firearm or weapon on school property.
  408  790.161(2)           2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  409  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.
  410  790.19               2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  411  794.011(8)(a)        3rd   Solicitation of minor to participate in sexual activity by custodial adult.
  412  794.05(1)            2nd   Unlawful sexual activity with specified minor.
  413  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.
  414  800.04(6)(b)         2nd   Lewd or lascivious conduct; offender 18 years of age or older.
  415  806.031(2)           2nd   Arson resulting in great bodily harm to firefighter or any other person.
  416  810.02(3)(c)         2nd   Burglary of occupied structure; unarmed; no assault or battery.
  417  810.145(8)(b)        2nd   Digital Video voyeurism; certain minor victims; 2nd or subsequent offense.
  418  812.014(2)(b)1.      2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  419  812.014(2)(c)5.      3rd   Grand theft; third degree; firearm.
  420  812.014(6)           2nd   Theft; property stolen $3,000 or more; coordination of others.
  421  812.015(9)(a)        2nd   Retail theft; property stolen $750 or more; second or subsequent conviction.
  422  812.015(9)(b)        2nd   Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
  423  812.015(9)(d)        2nd   Retail theft; multiple thefts within specified period.
  424  812.13(2)(c)         2nd   Robbery, no firearm or other weapon (strong-arm robbery).
  425  817.4821(5)          2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
  426  817.49(2)(b)2.       2nd   Willful making of a false report of a crime resulting in death.
  427  817.505(4)(b)        2nd   Patient brokering; 10 or more patients.
  428  817.5695(3)(b)       2nd   Exploitation of person 65 years of age or older, value $10,000 or more, but less than $50,000.
  429  825.102(1)           3rd   Abuse of an elderly person or disabled adult.
  430  825.102(3)(c)        3rd   Neglect of an elderly person or disabled adult.
  431  825.1025(3)          3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
  432  825.103(3)(c)        3rd   Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  433  827.03(2)(c)         3rd   Abuse of a child.                 
  434  827.03(2)(d)         3rd   Neglect of a child.               
  435  827.071(2) & (3)     2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
  436  828.126(3)           3rd   Sexual activities involving animals.
  437  836.05               2nd   Threats; extortion.               
  438  836.10               2nd   Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
  439  843.12               3rd   Aids or assists person to escape. 
  440  847.011              3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  441  847.012              3rd   Knowingly using a minor in the production of materials harmful to minors.
  442  847.0135(2)          3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  443  893.131              2nd   Distribution of controlled substances resulting in overdose or serious bodily injury.
  444  914.23               2nd   Retaliation against a witness, victim, or informant, with bodily injury.
  445  918.13(2)(b)         2nd   Tampering with or fabricating physical evidence relating to a capital felony.
  446  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.
  447  944.40               2nd   Escapes.                          
  448  944.46               3rd   Harboring, concealing, aiding escaped prisoners.
  449  944.47(1)(a)5.       2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  450  951.22(1)(i)         3rd   Firearm or weapon introduced into county detention facility.
  451         Section 3. Paragraph (e) of subsection (4) of section
  452  397.417, Florida Statutes, is amended to read:
  453         397.417 Peer specialists.—
  454         (4) BACKGROUND SCREENING.—
  455         (e) The background screening conducted under this
  456  subsection must ensure that a peer specialist has not been
  457  arrested for and is awaiting final disposition of, found guilty
  458  of, regardless of adjudication, or entered a plea of nolo
  459  contendere or guilty to, or been adjudicated delinquent and the
  460  record has not been sealed or expunged for, any offense
  461  prohibited under any of the following state laws or similar laws
  462  of another jurisdiction:
  463         1. Section 393.135, relating to sexual misconduct with
  464  certain developmentally disabled clients and reporting of such
  465  sexual misconduct.
  466         2. Section 394.4593, relating to sexual misconduct with
  467  certain mental health patients and reporting of such sexual
  468  misconduct.
  469         3. Section 409.920, relating to Medicaid provider fraud, if
  470  the offense was a felony of the first or second degree.
  471         4. Section 415.111, relating to abuse, neglect, or
  472  exploitation of vulnerable adults.
  473         5. Any offense that constitutes domestic violence as
  474  defined in s. 741.28.
  475         6. Section 777.04, relating to attempts, solicitation, and
  476  conspiracy to commit an offense listed in this paragraph.
  477         7. Section 782.04, relating to murder.
  478         8. Section 782.07, relating to manslaughter; aggravated
  479  manslaughter of an elderly person or a disabled adult;
  480  aggravated manslaughter of a child; or aggravated manslaughter
  481  of an officer, a firefighter, an emergency medical technician,
  482  or a paramedic.
  483         9. Section 782.071, relating to vehicular homicide.
  484         10. Section 782.09, relating to killing an unborn child by
  485  injury to the mother.
  486         11. Chapter 784, relating to assault, battery, and culpable
  487  negligence, if the offense was a felony.
  488         12. Section 787.01, relating to kidnapping.
  489         13. Section 787.02, relating to false imprisonment.
  490         14. Section 787.025, relating to luring or enticing a
  491  child.
  492         15. Section 787.04(2), relating to leading, taking,
  493  enticing, or removing a minor beyond state limits, or concealing
  494  the location of a minor, with criminal intent pending custody
  495  proceedings.
  496         16. Section 787.04(3), relating to leading, taking,
  497  enticing, or removing a minor beyond state limits, or concealing
  498  the location of a minor, with criminal intent pending dependency
  499  proceedings or proceedings concerning alleged abuse or neglect
  500  of a minor.
  501         17. Section 790.115(1), relating to exhibiting firearms or
  502  weapons within 1,000 feet of a school.
  503         18. Section 790.115(2)(b), relating to possessing an
  504  electric weapon or device, a destructive device, or any other
  505  weapon on school property.
  506         19. Section 794.011, relating to sexual battery.
  507         20. Former s. 794.041, relating to prohibited acts of
  508  persons in familial or custodial authority.
  509         21. Section 794.05, relating to unlawful sexual activity
  510  with certain minors.
  511         22. Section 794.08, relating to female genital mutilation.
  512         23. Section 796.07, relating to procuring another to commit
  513  prostitution, except for those offenses expunged pursuant to s.
  514  943.0583.
  515         24. Section 798.02, relating to lewd and lascivious
  516  behavior.
  517         25. Chapter 800, relating to lewdness and indecent
  518  exposure.
  519         26. Section 806.01, relating to arson.
  520         27. Section 810.02, relating to burglary, if the offense
  521  was a felony of the first degree.
  522         28. Section 810.14, relating to voyeurism, if the offense
  523  was a felony.
  524         29. Section 810.145, relating to digital video voyeurism,
  525  if the offense was a felony.
  526         30. Section 812.13, relating to robbery.
  527         31. Section 812.131, relating to robbery by sudden
  528  snatching.
  529         32. Section 812.133, relating to carjacking.
  530         33. Section 812.135, relating to home-invasion robbery.
  531         34. Section 817.034, relating to communications fraud, if
  532  the offense was a felony of the first degree.
  533         35. Section 817.234, relating to false and fraudulent
  534  insurance claims, if the offense was a felony of the first or
  535  second degree.
  536         36. Section 817.50, relating to fraudulently obtaining
  537  goods or services from a health care provider and false reports
  538  of a communicable disease.
  539         37. Section 817.505, relating to patient brokering.
  540         38. Section 817.568, relating to fraudulent use of personal
  541  identification, if the offense was a felony of the first or
  542  second degree.
  543         39. Section 825.102, relating to abuse, aggravated abuse,
  544  or neglect of an elderly person or a disabled adult.
  545         40. Section 825.1025, relating to lewd or lascivious
  546  offenses committed upon or in the presence of an elderly person
  547  or a disabled person.
  548         41. Section 825.103, relating to exploitation of an elderly
  549  person or a disabled adult, if the offense was a felony.
  550         42. Section 826.04, relating to incest.
  551         43. Section 827.03, relating to child abuse, aggravated
  552  child abuse, or neglect of a child.
  553         44. Section 827.04, relating to contributing to the
  554  delinquency or dependency of a child.
  555         45. Former s. 827.05, relating to negligent treatment of
  556  children.
  557         46. Section 827.071, relating to sexual performance by a
  558  child.
  559         47. Section 831.30, relating to fraud in obtaining
  560  medicinal drugs.
  561         48. Section 831.31, relating to the sale; manufacture;
  562  delivery; or possession with intent to sell, manufacture, or
  563  deliver of any counterfeit controlled substance, if the offense
  564  was a felony.
  565         49. Section 843.01, relating to resisting arrest with
  566  violence.
  567         50. Section 843.025, relating to depriving a law
  568  enforcement, correctional, or correctional probation officer of
  569  the means of protection or communication.
  570         51. Section 843.12, relating to aiding in an escape.
  571         52. Section 843.13, relating to aiding in the escape of
  572  juvenile inmates of correctional institutions.
  573         53. Chapter 847, relating to obscenity.
  574         54. Section 874.05, relating to encouraging or recruiting
  575  another to join a criminal gang.
  576         55. Chapter 893, relating to drug abuse prevention and
  577  control, if the offense was a felony of the second degree or
  578  greater severity.
  579         56. Section 895.03, relating to racketeering and collection
  580  of unlawful debts.
  581         57. Section 896.101, relating to the Florida Money
  582  Laundering Act.
  583         58. Section 916.1075, relating to sexual misconduct with
  584  certain forensic clients and reporting of such sexual
  585  misconduct.
  586         59. Section 944.35(3), relating to inflicting cruel or
  587  inhuman treatment on an inmate resulting in great bodily harm.
  588         60. Section 944.40, relating to escape.
  589         61. Section 944.46, relating to harboring, concealing, or
  590  aiding an escaped prisoner.
  591         62. Section 944.47, relating to introduction of contraband
  592  into a correctional institution.
  593         63. Section 985.701, relating to sexual misconduct in
  594  juvenile justice programs.
  595         64. Section 985.711, relating to introduction of contraband
  596  into a detention facility.
  597         Section 4. Paragraph (ff) of subsection (2) of section
  598  435.04, Florida Statutes, as amended by section 2 of chapter
  599  2023-220, Laws of Florida, is amended to read:
  600         435.04 Level 2 screening standards.—
  601         (2) The security background investigations under this
  602  section must ensure that persons subject to this section have
  603  not been arrested for and are awaiting final disposition of,
  604  have not been found guilty of, regardless of adjudication, or
  605  entered a plea of nolo contendere or guilty to, or have not been
  606  adjudicated delinquent and the record has not been sealed or
  607  expunged for, any offense prohibited under any of the following
  608  provisions of state law or similar law of another jurisdiction:
  609         (ff) Section 810.145, relating to digital video voyeurism,
  610  if the offense is a felony.
  611         Section 5. Paragraph (s) of subsection (5) of section
  612  456.074, Florida Statutes, is amended to read:
  613         456.074 Certain health care practitioners; immediate
  614  suspension of license.—
  615         (5) The department shall issue an emergency order
  616  suspending the license of any health care practitioner who is
  617  arrested for committing or attempting, soliciting, or conspiring
  618  to commit any act that would constitute a violation of any of
  619  the following criminal offenses in this state or similar
  620  offenses in another jurisdiction:
  621         (s) Section 810.145(8), relating to digital video voyeurism
  622  of a minor.
  623         Section 6. Subsection (17) of section 775.15, Florida
  624  Statutes, is amended to read:
  625         775.15 Time limitations; general time limitations;
  626  exceptions.—
  627         (17) In addition to the time periods prescribed in this
  628  section, a prosecution for digital video voyeurism in violation
  629  of s. 810.145 may be commenced within 1 year after the date on
  630  which the victim of digital video voyeurism obtains actual
  631  knowledge of the existence of such a recording or the date on
  632  which the recording is confiscated by a law enforcement agency,
  633  whichever occurs first. Any dissemination of such a recording
  634  before the victim obtains actual knowledge thereof or before its
  635  confiscation by a law enforcement agency does not affect any
  636  provision of this subsection.
  637         Section 7. Paragraph (r) of subsection (2) of section
  638  943.0584, Florida Statutes, is amended to read:
  639         943.0584 Criminal history records ineligible for court
  640  ordered expunction or court-ordered sealing.—
  641         (2) A criminal history record is ineligible for a
  642  certificate of eligibility for expunction or a court-ordered
  643  expunction pursuant to s. 943.0585 or a certificate of
  644  eligibility for sealing or a court-ordered sealing pursuant to
  645  s. 943.059 if the record is a conviction for any of the
  646  following offenses:
  647         (r) Voyeurism or digital video voyeurism, as defined in ss.
  648  810.14 and 810.145, respectively;
  649         Section 8. Paragraph (y) of subsection (1) of section
  650  1012.315, Florida Statutes, is amended to read:
  651         1012.315 Screening standards.—A person is ineligible for
  652  educator certification or employment in any position that
  653  requires direct contact with students in a district school
  654  system, a charter school, or a private school that participates
  655  in a state scholarship program under chapter 1002 if the person
  656  is on the disqualification list maintained by the department
  657  pursuant to s. 1001.10(4)(b), is registered as a sex offender as
  658  described in 42 U.S.C. s. 9858f(c)(1)(C), would be ineligible
  659  for an exemption under s. 435.07(4)(c), or has been convicted or
  660  found guilty of, has had adjudication withheld for, or has pled
  661  guilty or nolo contendere to:
  662         (1) Any felony offense prohibited under any of the
  663  following statutes:
  664         (y) Section 810.145, relating to digital video voyeurism.
  665         Section 9. This act shall take effect October 1, 2024.