Florida Senate - 2026 SB 398 By Senator Leek 7-00642-26 2026398__ Page 1 of 49 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to child pornography terminology; 2 amending ss. 39.0138, 92.56, 92.561, 435.07, 456.074, 3 775.0847, 827.071, 827.072, 836.13, 836.14, 847.001, 4 847.002, 847.01357, 847.0139, 903.011, 921.0022, 5 948.06, 960.03, and 960.197, F.S.; replacing the term 6 “child pornography” with the term “child sexual abuse 7 material”; amending s. 847.0137, F.S.; replacing the 8 terms “pornography” and “child pornography” with the 9 term “child sexual abuse material”; providing an 10 effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14

Section 1. Subsection (3) of

section 39.0138, Florida 15 Statutes, is amended to read: 16 39.0138 Criminal history and other records checks; limit on 17 placement of a child.— 18

(3) The department may not place a child with a person 19 other than a parent if the criminal history records check 20 reveals that the person has been convicted of any felony that 21 falls within any of the following categories: 22 (

a) Child abuse, abandonment, or neglect; 23 (

b) Domestic violence; 24 (

c) Child sexual abuse material pornography or other felony 25 in which a child was a victim of the offense; or 26 (

d) Homicide, sexual battery, or other felony involving 27 violence, other than felony assault or felony battery when an 28 adult was the victim of the assault or battery, or resisting 29

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 2 of 49 CODING: Words stricken are deletions; words underlined are additions. arrest with violence. 30

Section 2. Subsection (3) of

section 92.56, Florida 31 Statutes, is amended to read: 32 92.56 Judicial proceedings and court records involving 33 sexual offenses and human trafficking.— 34

(3) The state may use a pseudonym instead of the victim’s 35 name to designate the victim of a crime described in s. 36 787.06(3)(a)1., (c)1., or (e)1., in s. 787.06(3)(b), (d), (f), 37 or (g), or in

chapter 794 or

chapter 800, or of child abuse, 38 aggravated child abuse, or sexual performance by a child as 39 described in

chapter 827, or any crime involving the production, 40 possession, or promotion of child sexual abuse material 41 pornography as described in

chapter 847, in all court records 42 and records of court proceedings, both civil and criminal. 43

Section

Section 92.561, Florida Statutes, is amended to 44 read: 45 92.561 Prohibition on reproduction of child sexual abuse 46 material pornography.— 47

(1) In a criminal proceeding, any property or material that 48 portrays sexual performance by a child as defined in s. 827.071, 49 constitutes generated child sexual abuse material pornography as 50 defined in s. 827.072, or constitutes child sexual abuse 51 material pornography as defined in s. 847.001, must remain 52 secured or locked in the care, custody, and control of a law 53 enforcement agency, the state attorney, or the court. 54

(2) Notwithstanding any law or rule of court, a court shall 55 deny, in a criminal proceeding, any request by the defendant to 56 copy, photograph, duplicate, or otherwise reproduce any property 57 or material that portrays sexual performance by a child, 58

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 3 of 49 CODING: Words stricken are deletions; words underlined are additions. constitutes generated child sexual abuse material pornography, 59 or constitutes child sexual abuse material pornography so long 60 as the state attorney makes the property or material reasonably 61 available to the defendant. 62

(3) For purposes of this section, property or material is 63 deemed to be reasonably available to the defendant if the state 64 attorney provides ample opportunity at a designated facility for 65 the inspection, viewing, and examination of the property or 66 material that portrays sexual performance by a child, 67 constitutes generated child sexual abuse material pornography, 68 or constitutes child sexual abuse material pornography by the 69 defendant, his or her attorney, or any individual whom the 70 defendant uses as an expert during the discovery process or at a 71 court proceeding. 72

Section 4. Paragraph (

c) of subsection (4) of

section 73 435.07, Florida Statutes, is amended to read: 74 435.07 Exemptions from disqualification.—Unless otherwise 75 provided by law, the provisions of this

section apply to 76 exemptions from disqualification for disqualifying offenses 77 revealed pursuant to background screenings required under this 78 chapter, regardless of whether those disqualifying offenses are 79 listed in this

chapter or other laws. 80 (4) 81 (

c) Disqualification from employment under this

chapter may 82 not be removed from, and an exemption may not be granted to, any 83 current or prospective child care personnel, as defined in s. 84 402.302(3), and such a person is disqualified from employment as 85 child care personnel, regardless of any previous exemptions from 86 disqualification, if the person has been registered as a sex 87

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 4 of 49 CODING: Words stricken are deletions; words underlined are additions. offender as described in 42 U.S.C. s. 9858f(c)(1)(

C) or has been 88 arrested for and is awaiting final disposition of, has been 89 convicted or found guilty of, or entered a plea of guilty or 90 nolo contendere to, regardless of adjudication, or has been 91 adjudicated delinquent and the record has not been sealed or 92 expunged for, any offense prohibited under any of the following 93 provisions of state law or a similar law of another 94 jurisdiction: 95 1. A felony offense prohibited under any of the following 96 statutes: 97 a.

Chapter 741, relating to domestic violence. 98 b.

Section 782.04, relating to murder. 99 c.

Section 782.07, relating to manslaughter; aggravated 100 manslaughter of an elderly person or disabled adult; aggravated 101 manslaughter of a child; or aggravated manslaughter of an 102 officer, a firefighter, an emergency medical technician, or a 103 paramedic. 104 d.

Section 784.021, relating to aggravated assault. 105 e.

Section 784.045, relating to aggravated battery. 106 f.

Section 787.01, relating to kidnapping. 107 g.

Section 787.025, relating to luring or enticing a child. 108 h.

Section 787.04(2), relating to leading, taking, 109 enticing, or removing a minor beyond the state limits, or 110 concealing the location of a minor, with criminal intent pending 111 custody proceedings. 112 i.

Section 787.04(3), relating to leading, taking, 113 enticing, or removing a minor beyond the state limits, or 114 concealing the location of a minor, with criminal intent pending 115 dependency proceedings or proceedings concerning alleged abuse 116

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 5 of 49 CODING: Words stricken are deletions; words underlined are additions. or neglect of a minor. 117 j.

Section 794.011, relating to sexual battery. 118 k. Former s. 794.041, relating to sexual activity with or 119 solicitation of a child by a person in familial or custodial 120 authority. 121 l.

Section 794.05, relating to unlawful sexual activity 122 with certain minors. 123 m.

Section 794.08, relating to female genital mutilation. 124 n.

Section 806.01, relating to arson. 125 o.

Section 826.04, relating to incest. 126 p.

Section 827.03, relating to child abuse, aggravated 127 child abuse, or neglect of a child. 128 q.

Section 827.04, relating to contributing to the 129 delinquency or dependency of a child. 130 r.

Section 827.071, relating to sexual performance by a 131 child. 132 s.

Chapter 847, relating to child sexual abuse material 133 pornography. 134 t.

Chapter 893, relating to a drug abuse prevention and 135 control offense, if that offense was committed in the preceding 136 5 years. 137 u.

Section 985.701, relating to sexual misconduct in 138 juvenile justice programs. 139 2. A misdemeanor offense prohibited under any of the 140 following statutes: 141 a.

Section 784.03, relating to battery, if the victim of 142 the offense was a minor. 143 b.

Section 787.025, relating to luring or enticing a child. 144 c.

Chapter 847, relating to child sexual abuse material 145

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 6 of 49 CODING: Words stricken are deletions; words underlined are additions. pornography. 146 3. A criminal act committed in another state or under 147 federal law which, if committed in this state, constitutes an 148 offense prohibited under any statute listed in subparagraph 1. 149 or subparagraph 2. 150

Section 5. Paragraph (aa) of subsection (5) of

section 151 456.074, Florida Statutes, is amended to read: 152 456.074 Certain health care practitioners; immediate 153 suspension of license.— 154

(5) The department shall issue an emergency order 155 suspending the license of any health care practitioner who is 156 arrested for committing or attempting, soliciting, or conspiring 157 to commit any act that would constitute a violation of any of 158 the following criminal offenses in this state or similar 159 offenses in another jurisdiction: 160 (aa)

Section 847.0137, relating to the transmission of 161 child sexual abuse material pornography by electronic device or 162 equipment. 163

Section 6. Paragraph (

b) of subsection (1) and subsection 164 (2) of

section 775.0847, Florida Statutes, are amended to read: 165 775.0847 Possession or promotion of certain images of child 166 sexual abuse material pornography; reclassification.— 167

(1) For purposes of this section: 168 (b) “Child sexual abuse material pornography” means: 169 1. Any image depicting a minor engaged in sexual conduct; 170 or 171 2. Any image that has been created, altered, adapted, or 172 modified by electronic, mechanical, or other means, to portray 173 an identifiable minor engaged in sexual conduct. 174

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(2) A violation of s. 827.071, s. 847.0135, s. 847.0137, or 175 s. 847.0138 shall be reclassified to the next higher degree as 176 provided in subsection (3) if: 177 (

a) The offender possesses 10 or more images of any form of 178 child sexual abuse material pornography regardless of content; 179 and 180 (

b) The content of at least one image contains one or more 181 of the following: 182 1. A child who is younger than the age of 5. 183 2. Sadomasochistic abuse involving a child. 184 3. Sexual battery involving a child. 185 4. Sexual bestiality involving a child. 186 5. Any motion picture, film, video, or computer-generated 187 motion picture, film, or video involving a child, regardless of 188 length and regardless of whether the motion picture, film, 189 video, or computer-generated motion picture, film, or video 190 contains sound. 191 192 For purposes of sentencing under

chapter 921 and determining 193 incentive gain-time eligibility under

chapter 944, a felony 194 offense that is reclassified under this

section is ranked one 195 level above the ranking under s. 921.0022 or s. 921.0023 of the 196 offense committed. 197

Section 7. Paragraph (

b) of subsection (1), subsection (4), 198 and paragraph (

a) of subsection (5) of

section 827.071, Florida 199 Statutes, are amended to read: 200 827.071 Sexual performance by a child; child sexual abuse 201 material pornography; penalties.— 202

(1) As used in this section, the following

definitions 203

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 8 of 49 CODING: Words stricken are deletions; words underlined are additions. shall apply: 204 (b) “Child sexual abuse material pornography” means: 205 1. Any image depicting a minor engaged in sexual conduct; 206 or 207 2. Any image that has been created, altered, adapted, or 208 modified by electronic, mechanical, or other means, to portray 209 an identifiable minor engaged in sexual conduct. 210

(4) It is unlawful for any person to possess with the 211 intent to promote any photograph, motion picture, exhibition, 212 show, representation, or other presentation which, in whole or 213 in part, includes child sexual abuse material pornography. The 214 possession of three or more copies of such photograph, motion 215 picture, representation, or presentation is prima facie evidence 216 of an intent to promote. A person who violates this subsection 217 commits a felony of the second degree, punishable as provided in 218 s. 775.082, s. 775.083, or s. 775.084. 219 (5)(

a) It is unlawful for any person to knowingly solicit, 220 possess, control, or intentionally view a photograph, motion 221 picture, exhibition, show, representation, image, data, computer 222 depiction, or other presentation which, in whole or in part, he 223 or she knows to include child sexual abuse material pornography. 224 The solicitation, possession, control, or intentional viewing of 225 each such photograph, motion picture, exhibition, show, image, 226 data, computer depiction, representation, or presentation is a 227 separate offense.

If such photograph, motion picture, 228 exhibition, show, representation, image, data, computer 229 depiction, or other presentation includes child sexual abuse 230 material pornography depicting more than one child, then each 231 such child in each such photograph, motion picture, exhibition, 232

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 9 of 49 CODING: Words stricken are deletions; words underlined are additions. show, representation, image, data, computer depiction, or other 233 presentation that is knowingly solicited, possessed, controlled, 234 or intentionally viewed is a separate offense. A person who 235 violates this paragraph commits a felony of the third degree, 236 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 237

Section 8. Paragraph (

a) of subsection (1) and paragraphs 238 (

a) and (

b) of subsection (2) of

section 827.072, Florida 239 Statutes, are amended to read: 240 827.072 Generated child sexual abuse material pornography.— 241

(1) As used in this section, the term: 242 (a) “Generated child sexual abuse material pornography” 243 means any image that has been created, altered, adapted, or 244 modified by electronic, mechanical, or other computer-generated 245 means to portray a fictitious person, who a reasonable person 246 would regard as being a real person younger than 18 years of 247 age, engaged in sexual conduct. 248 (2)(

a) It is unlawful for a person to knowingly possess or 249 control or intentionally view a photograph, a motion picture, a 250 representation, an image, a data file, a computer depiction, or 251 any other presentation which, in whole or in part, he or she 252 knows includes generated child sexual abuse material 253 pornography. The possession, control, or intentional viewing of 254 each such photograph, motion picture, representation, image, 255 data file, computer depiction, or other presentation is a 256 separate offense. A person who violates this paragraph commits a 257 felony of the third degree, punishable as provided in s. 258 775.082, s. 775.083, or s. 775.084. 259 (

b) A person who intentionally creates generated child 260 sexual abuse material pornography commits a felony of the third 261

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 10 of 49 CODING: Words stricken are deletions; words underlined are additions. degree, punishable as provided in s. 775.082, s. 775.083, or s. 262 775.084. 263

Section 9. Subsection (11) of

section 836.13, Florida 264 Statutes, is amended to read: 265 836.13 Altered sexual depictions; prohibited acts; 266 penalties; applicability.— 267

(11) Prosecution of a person for an offense under this 268

section does not preclude prosecution of that person in this 269 state for a violation of any other law of this state, including 270 a law providing for greater penalties than prescribed in this 271

section or any other crime related to child sexual abuse 272 material pornography or the sexual performance or the sexual 273 exploitation of children. 274

Section 10. Subsection (9) of

section 836.14, Florida 275 Statutes, is amended to read: 276 836.14 Theft or unauthorized promotion of a sexually 277 explicit image.— 278

(9) Prosecution of a person for an offense under this 279

section does not preclude prosecution of that person in this 280 state for a violation of any other law of this state, including 281 a law providing for greater penalties than prescribed in this 282

section or any other crime related to child sexual abuse 283 material pornography or the sexual performance or the sexual 284 exploitation of children. 285

Section 11. Subsection (3) of

section 847.001, Florida 286 Statutes, is amended to read: 287 847.001

Definitions.—As used in this chapter, the term: 288 (3) “Child sexual abuse material pornography” means: 289 (

a) Any image depicting a minor engaged in sexual conduct; 290

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 11 of 49 CODING: Words stricken are deletions; words underlined are additions. or 291 (

b) Any image that has been created, altered, adapted, or 292 modified by electronic, mechanical, or other means, to portray 293 an identifiable minor engaged in sexual conduct. 294

Section

Section 847.002, Florida Statutes, is amended 295 to read: 296 847.002 Child sexual abuse material pornography 297 prosecutions.— 298

(1) Any law enforcement officer who, pursuant to a criminal 299 investigation, recovers images or movies of child sexual abuse 300 material pornography shall: 301 (

a) Provide such images or movies to the law enforcement 302 agency representative assigned to the Child Victim 303 Identification Program at the National Center for Missing and 304 Exploited Children, as required by the center’s guidelines. 305 (

b) Request the law enforcement agency contact information 306 from the Child Victim Identification Program for any images or 307 movies recovered which contain an identified victim of child 308 sexual abuse material pornography as defined in s. 960.03. 309 (

c) Provide case information to the Child Victim 310 Identification Program, as required by the National Center for 311 Missing and Exploited Children guidelines, in any case where the 312 law enforcement officer identifies a previously unidentified 313 victim of child sexual abuse material pornography. 314

(2) Any law enforcement officer submitting a case for 315 prosecution which involves the production, promotion, or 316 possession of child sexual abuse material pornography shall 317 submit to the designated prosecutor the law enforcement agency 318 contact information provided by the Child Victim Identification 319

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 12 of 49 CODING: Words stricken are deletions; words underlined are additions. Program at the National Center for Missing and Exploited 320 Children, for any images or movies involved in the case which 321 contain the depiction of an identified victim of child sexual 322 abuse material pornography as defined in s. 960.03. 323

(3) In every filed case involving an identified victim of 324 child sexual abuse material pornography, as defined in s. 325 960.03, the prosecuting agency shall enter the following 326 information into the Victims in Child Pornography Tracking 327 Repeat Exploitation database maintained by the Office of the 328 Attorney General: 329 (

a) The case number and agency file number. 330 (

b) The named defendant. 331 (

c) The circuit court division and county. 332 (

d) Current court dates and the status of the case. 333 (

e) Contact information for the prosecutor assigned. 334 (

f) Verification that the prosecutor is or is not in 335 possession of a victim impact statement and will use the 336 statement in sentencing. 337

Section 13. Subsections (1) and (4) of

section 847.01357, 338 Florida Statutes, are amended to read: 339 847.01357 Exploited children’s civil remedy.— 340

(1) Any person who, while under the age of 18, was a victim 341 of a sexual abuse crime listed in

chapter 794,

chapter 800, 342

chapter 827, or

chapter 847, where any portion of such abuse was 343 used in the production of child sexual abuse material 344 pornography, and who suffers personal or psychological injury as 345 a result of the production, promotion, or possession of such 346 images or movies, may bring an action in an appropriate state 347 court against the producer, promoter, or possessor of such 348

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 13 of 49 CODING: Words stricken are deletions; words underlined are additions. images or movies, regardless of whether the victim is now an 349 adult. In any action brought under this section, a prevailing 350 plaintiff shall recover the actual damages such person sustained 351 and the cost of the suit, including reasonable attorney’s fees. 352 Any victim who is awarded damages under this

section shall be 353 deemed to have sustained damages of at least $150,000. 354

(4) It is not a defense to a civil cause of action under 355 this

section that the respondent did not know the victim or 356 commit the abuse depicted in any image of child sexual abuse 357 material pornography. 358

Section 14. Subsections (2), (3), and (4) of

section 359 847.0137, Florida Statutes, are amended to read: 360 847.0137 Transmission of child sexual abuse material 361 pornography by electronic device or equipment prohibited; 362 penalties.— 363

(2) Notwithstanding ss. 847.012 and 847.0133, any person in 364 this state who knew or reasonably should have known that he or 365 she was transmitting child sexual abuse material pornography, as 366 defined in s. 847.001, to another person in this state or in 367 another jurisdiction commits a felony of the third degree, 368 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 369

(3) Notwithstanding ss. 847.012 and 847.0133, any person in 370 any jurisdiction other than this state who knew or reasonably 371 should have known that he or she was transmitting child sexual 372 abuse material pornography, as defined in s. 847.001, to any 373 person in this state commits a felony of the third degree, 374 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 375

(4) This

section shall not be construed to preclude 376 prosecution of a person in this state or another jurisdiction 377

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 14 of 49 CODING: Words stricken are deletions; words underlined are additions. for a violation of any law of this state, including a law 378 providing for greater penalties than prescribed in this section, 379 for the transmission of child sexual abuse material pornography, 380 as defined in s. 847.001, to any person in this state. 381 382 The provisions of this

section do not apply to subscription-383 based transmissions such as list servers. 384

Section

Section 847.0139, Florida Statutes, is amended 385 to read: 386 847.0139 Immunity from civil liability for reporting child 387 sexual abuse material pornography, transmission of child sexual 388 abuse material pornography, or any image, information, or data 389 harmful to minors to a minor in this state.—Any person who 390 reports to a law enforcement officer what the person reasonably 391 believes to be child sexual abuse material pornography, 392 transmission of child sexual abuse material pornography, or any 393 image, information, or data that is harmful to minors to a minor 394 in this state may not be held civilly liable for such reporting. 395 For purposes of this section, such reporting may include 396 furnishing the law enforcement officer with any image, 397 information, or data that the person reasonably believes to be 398 evidence of child sexual abuse material pornography, 399 transmission of child sexual abuse material pornography, or an 400 image, information, or data that is harmful to minors to a minor 401 in this state. 402

Section 16. Subsection (6) of

section 903.011, Florida 403 Statutes, is amended to read: 404 903.011 Pretrial release; general terms; statewide uniform 405 bond schedule.— 406

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(6) A person may not be released before his or her first 407 appearance hearing or bail determination and a judge must 408 determine the appropriate bail, if any, based on an 409 individualized consideration of the criteria in s. 903.046(2), 410 if the person meets any of the following criteria: 411 (

a) The person was, at the time of arrest for any felony, 412 on pretrial release, probation, or community control in this 413 state or any other state; 414 (

b) The person was, at the time of arrest, designated as a 415 sexual offender or sexual predator in this state or any other 416 state; 417 (

c) The person was arrested for violating a protective 418 injunction; 419 (

d) The person was, at the time of arrest, on release from 420 supervision under s. 947.1405, s. 947.146, s. 947.149, or s. 421 944.4731; 422 (

e) The person has, at any time before the current arrest, 423 been sentenced pursuant to s. 775.082(9) or s. 775.084 as a 424 prison releasee reoffender, habitual violent felony offender, 425 three-time violent felony offender, or violent career criminal; 426 (

f) The person has been arrested three or more times in the 427 6 months immediately preceding his or her arrest for the current 428 offense; or 429 (

g) The person’s current offense of arrest is for one or 430 more of the following crimes: 431 1. A capital felony, life felony, felony of the first 432 degree, or felony of the second degree; 433 2. A homicide under

chapter 782; or any attempt, 434 solicitation, or conspiracy to commit a homicide; 435

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Assault in furtherance of a riot or an aggravated riot; 436 felony battery; domestic battery by strangulation; domestic 437 violence, as defined in s. 741.28; stalking; mob intimidation; 438 assault or battery on a law enforcement officer; assault or 439 battery on juvenile probation officer, or other staff of a 440 detention center or commitment facility, or a staff member of a 441 commitment facility, or health services personnel; assault or 442 battery on a person 65 years of age or older; robbery; burglary; 443 carjacking; or resisting an officer with violence; 444 4.

Kidnapping, false imprisonment, human trafficking, or 445 human smuggling; 446 5. Possession of a firearm or ammunition by a felon, 447 violent career criminal, or person subject to an injunction 448 against committing acts of domestic violence, stalking, or 449 cyberstalking; 450 6. Sexual battery; indecent, lewd, or lascivious touching; 451 exposure of sexual organs; incest; luring or enticing a child; 452 or child sexual abuse material pornography; 453 7. Abuse, neglect, or exploitation of an elderly person or 454 disabled adult; 455 8. Child abuse or aggravated child abuse; 456 9.

Arson; riot, aggravated riot, inciting a riot, or 457 aggravated inciting a riot; or a burglary or theft during a 458 riot; 459 10. Escape; tampering or retaliating against a witness, 460 victim, or informant; destruction of evidence; or tampering with 461 a jury; 462 11. Any offense committed for the purpose of benefiting, 463 promoting, or furthering the interests of a criminal gang; 464

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 17 of 49 CODING: Words stricken are deletions; words underlined are additions. 12. Trafficking in a controlled substance, including 465 conspiracy to engage in trafficking in a controlled substance; 466 13. Racketeering; or 467 14. Failure to appear at required court proceedings while 468 on bail. 469

Section 17. Paragraphs (

f) and (

g) of subsection (3) of 470

section 921.0022, Florida Statutes, are amended to read: 471 921.0022 Criminal Punishment Code; offense severity ranking 472 chart.— 473

(3) OFFENSE SEVERITY RANKING CHART 474 (

f) LEVEL 6 475 476 Florida Statute Felony Degree Description 477 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury. 478 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction. 479 316.1935(4)(a) 2nd Aggravated fleeing or eluding. 480 327.30(5)(a)3. 2nd Vessel accidents involving serious bodily injury; leaving scene. 481 400.9935(4)(c) 2nd Operating a clinic, or offering

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 18 of 49 CODING: Words stricken are deletions; words underlined are additions. services requiring licensure, without a license. 482 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement. 483 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person. 484 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person. 485 775.0875(1) 3rd Taking firearm from law enforcement officer. 486 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill. 487 784.021(1)(b) 3rd Aggravated assault; intent to commit felony. 488 784.041 3rd Felony battery; domestic battery by strangulation. 489 784.048(3) 3rd Aggravated stalking; credible

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 19 of 49 CODING: Words stricken are deletions; words underlined are additions. threat. 490 784.048(5) 3rd Aggravated stalking of person under 16. 491 784.07(2)(c) 2nd Aggravated assault on law enforcement officer. 492 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff. 493 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older. 494 784.081(2) 2nd Aggravated assault on specified official or employee. 495 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee. 496 784.083(2) 2nd Aggravated assault on code inspector. 497 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01. 498

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 20 of 49 CODING: Words stricken are deletions; words underlined are additions. 787.025(2)(a) 3rd Luring or enticing a child. 499 790.115(2)(d) 2nd Discharging firearm or weapon on school property. 500 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property. 501 790.164(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. 502 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. 503 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult. 504 794.05(1) 2nd Unlawful sexual activity with specified minor. 505 800.04(5)(d) 3rd Lewd or lascivious molestation;

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 21 of 49 CODING: Words stricken are deletions; words underlined are additions. victim 12 years of age or older but less than 16 years of age; offender less than 18 years. 506 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older. 507 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person. 508 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery. 509 810.145(8)(b) 2nd Digital voyeurism; certain minor victims; 2nd or subsequent offense. 510 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. 511 812.014(2)(c)5. 3rd Grand theft; third degree; firearm. 512 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 22 of 49 CODING: Words stricken are deletions; words underlined are additions. 513 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction. 514 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 120 days is $3,000 or more; coordination of others. 515 812.015(9)(d) 2nd Retail theft; multiple thefts within specified period. 516 812.015(9)(e) 2nd Retail theft; committed with specified number of other persons and use of social media platform. 517 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery). 518 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones. 519 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death. 520

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 23 of 49 CODING: Words stricken are deletions; words underlined are additions. 817.505(4)(b) 2nd Patient brokering; 10 or more patients. 521 817.5695(3)(b) 2nd Exploitation of person 65 years of age or older, value $10,000 or more, but less than $50,000. 522 825.102(1) 3rd Abuse of an elderly person or disabled adult. 523 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult. 524 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult. 525 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000. 526 827.03(2)(c) 3rd Abuse of a child. 527 827.03(2)(d) 3rd Neglect of a child. 528 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 24 of 49 CODING: Words stricken are deletions; words underlined are additions. child sexual abuse material pornography. 529 828.126(3) 3rd Sexual activities involving animals. 530 836.05 2nd Threats; extortion. 531 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or

an act of terrorism. 532 843.12 3rd Aids or assists person to escape. 533 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors. 534 847.012 3rd Knowingly using a minor in the production of materials harmful to minors. 535 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. 536

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 25 of 49 CODING: Words stricken are deletions; words underlined are additions. 893.131 2nd Distribution of controlled substances resulting in overdose or serious bodily injury. 537 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury. 538 918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a capital felony. 539 944.35(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. 540 944.40 2nd Escapes. 541 944.46 3rd Harboring, concealing, aiding escaped prisoners. 542 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility. 543

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 26 of 49 CODING: Words stricken are deletions; words underlined are additions. 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility. 544 (

g) LEVEL 7 545 546 Florida Statute Felony Degree Description 547 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene. 548 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury. 549 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. 550 327.35(3)(a)3.b. 3rd Vessel BUI resulting in serious bodily injury. 551 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm,

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 27 of 49 CODING: Words stricken are deletions; words underlined are additions. permanent disfiguration, permanent disability, or death. 552 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less. 553 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000. 554 456.065(2) 3rd Practicing a health care profession without a license. 555 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury. 556 458.327(1) 3rd Practicing medicine without a license. 557 459.013(1) 3rd Practicing osteopathic medicine without a license. 558 460.411(1) 3rd Practicing chiropractic medicine without a license. 559 461.012(1) 3rd Practicing podiatric medicine without a license.

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 28 of 49 CODING: Words stricken are deletions; words underlined are additions. 560 462.17 3rd Practicing naturopathy without a license. 561 463.015(1) 3rd Practicing optometry without a license. 562 464.016(1) 3rd Practicing nursing without a license. 563 465.015(2) 3rd Practicing pharmacy without a license. 564 466.026(1) 3rd Practicing dentistry or dental hygiene without a license. 565 467.201 3rd Practicing midwifery without a license. 566 468.366 3rd Delivering respiratory care services without a license. 567 483.828(1) 3rd Practicing as clinical laboratory personnel without a license. 568 483.901(7) 3rd Practicing medical physics without a license. 569

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 29 of 49 CODING: Words stricken are deletions; words underlined are additions. 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription. 570 484.053 3rd Dispensing hearing aids without a license. 571 494.0018(2) 1st Conviction of any violation of

chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. 572 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business. 573 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. 574 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 575

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 30 of 49 CODING: Words stricken are deletions; words underlined are additions. 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations. 576 775.21(10)(b) 3rd Sexual predator working where children regularly congregate. 577 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. 578 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. 579 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). 580 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 31 of 49 CODING: Words stricken are deletions; words underlined are additions. homicide). 581 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). 582 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement. 583 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon. 584 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant. 585 784.048(4) 3rd Aggravated stalking; violation of injunction or court order. 586 784.048(7) 3rd Aggravated stalking; violation of court order. 587 784.07(2)(d) 1st Aggravated battery on law enforcement officer. 588 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 32 of 49 CODING: Words stricken are deletions; words underlined are additions. 589 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older. 590 784.081(1) 1st Aggravated battery on specified official or employee. 591 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee. 592 784.083(1) 1st Aggravated battery on code inspector. 593 787.025(2)(b) 2nd Luring or enticing a child; second or subsequent offense. 594 787.025(2)(c) 2nd Luring or enticing a child with a specified prior conviction. 595 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult. 596 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 33 of 49 CODING: Words stricken are deletions; words underlined are additions. 597 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). 598 790.16(1) 1st Discharge of a machine gun under specified circumstances. 599 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb. 600 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. 601 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. 602 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. 603 790.23 1st,PBL Possession of a firearm by a person who qualifies for the

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 34 of 49 CODING: Words stricken are deletions; words underlined are additions. penalty enhancements provided for in s. 874.04. 604 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age. 605 796.05(1) 1st Live on earnings of a prostitute; 2nd offense. 606 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense. 607 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age. 608 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older. 609 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 35 of 49 CODING: Words stricken are deletions; words underlined are additions. but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense. 610 806.01(2) 2nd Maliciously damage structure by fire or explosive. 611 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery. 612 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery. 613 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery. 614 810.02(3)(e) 2nd Burglary of authorized emergency vehicle. 615 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 36 of 49 CODING: Words stricken are deletions; words underlined are additions. 616 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. 617 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft. 618 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle. 619 812.014(2)(g) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5. 620 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more. 621 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. 622 812.131(2)(a) 2nd Robbery by sudden snatching. 623 812.133(2)(b) 1st Carjacking; no firearm, deadly

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 37 of 49 CODING: Words stricken are deletions; words underlined are additions. weapon, or other weapon. 624 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000. 625 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud. 626 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision. 627 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more. 628 817.2341 (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. 629 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud. 630

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 38 of 49 CODING: Words stricken are deletions; words underlined are additions. 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud. 631 817.535(2)(a) 3rd Filing false lien or other unauthorized document. 632 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents. 633 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 634 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000. 635 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement. 636 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older. 637 827.071(2) & (3) 2nd Use or induce a child in a

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 39 of 49 CODING: Words stricken are deletions; words underlined are additions. sexual performance, or promote or direct such performance. 638 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child sexual abuse material pornography. 639 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer. 640 838.015 2nd Bribery. 641 838.016 2nd Unlawful compensation or reward for official behavior. 642 838.021(3)(a) 2nd Unlawful harm to a public servant. 643 838.22 2nd Bid tampering. 644 843.0855(2) 3rd Impersonation of a public officer or employee. 645 843.0855(3) 3rd Unlawful simulation of legal process. 646

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 40 of 49 CODING: Words stricken are deletions; words underlined are additions. 843.0855(4) 3rd Intimidation of a public officer or employee. 647 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act. 648 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act. 649 872.06 2nd Abuse of a dead human body. 650 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense. 651 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. 652 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.) within 1,000 feet of a child care facility, school, or

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 41 of 49 CODING: Words stricken are deletions; words underlined are additions. state, county, or municipal park or publicly owned recreational facility or community center. 653 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5., within 1,000 feet of property used for religious services or a specified business site. 654 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance. 655 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. 656 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams. 657 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 42 of 49 CODING: Words stricken are deletions; words underlined are additions. 658 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams. 659 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams. 660 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams. 661 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams. 662 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams. 663 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams. 664 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms. 665

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 43 of 49 CODING: Words stricken are deletions; words underlined are additions. 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams. 666 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. 667 893.135 (1)(h)1.a. 1st Trafficking in gamma- hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. 668 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. 669 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. 670 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams. 671 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams. 672

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 44 of 49 CODING: Words stricken are deletions; words underlined are additions. 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams. 673 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance. 674 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000. 675 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. 676 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements. 677 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. 678 943.0435(9)(a) 3rd Sexual offender; failure to

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 45 of 49 CODING: Words stricken are deletions; words underlined are additions. comply with reporting requirements. 679 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 680 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 681 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements. 682 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 683 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 684 944.607(13) 3rd Sexual offender; failure to report and reregister; failure

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 46 of 49 CODING: Words stricken are deletions; words underlined are additions. to respond to address verification; providing false registration information. 685 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 686 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 687 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 688

Section 18. Paragraph (

c) of subsection (8) of

section 689 948.06, Florida Statutes, is amended to read: 690 948.06 Violation of probation or community control; 691 revocation; modification; continuance; failure to pay 692 restitution or cost of supervision.— 693 (8) 694 (

c) For purposes of this section, the term “qualifying 695 offense” means any of the following: 696 1. Kidnapping or attempted kidnapping under s. 787.01, 697 false imprisonment of a child under the age of 13 under s. 698

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 47 of 49 CODING: Words stricken are deletions; words underlined are additions. 787.02(3), or luring or enticing a child under s. 787.025(2)(b) 699 or (c). 700 2. Murder or attempted murder under s. 782.04, attempted 701 felony murder under s. 782.051, or manslaughter under s. 782.07. 702 3. Aggravated battery or attempted aggravated battery under 703 s. 784.045. 704 4. Sexual battery or attempted sexual battery under s. 705 794.011(2), (3), (4), or (8)(

b) or (c). 706 5. Lewd or lascivious battery or attempted lewd or 707 lascivious battery under s. 800.04(4), lewd or lascivious 708 molestation under s. 800.04(5)(

b) or (c)2., lewd or lascivious 709 conduct under s. 800.04(6)(b), lewd or lascivious exhibition 710 under s. 800.04(7)(b), or lewd or lascivious exhibition on 711 computer under s. 847.0135(5)(b). 712 6. Robbery or attempted robbery under s. 812.13, carjacking 713 or attempted carjacking under s. 812.133, or home invasion 714 robbery or attempted home invasion robbery under s. 812.135. 715 7. Lewd or lascivious offense upon or in the presence of an 716 elderly or disabled person or attempted lewd or lascivious 717 offense upon or in the presence of an elderly or disabled person 718 under s. 825.1025. 719 8.

Sexual performance by a child or attempted sexual 720 performance by a child under s. 827.071. 721 9. Computer pornography under s. 847.0135(2) or (3), 722 transmission of child sexual abuse material pornography under s. 723 847.0137, or selling or buying of minors under s. 847.0145. 724 10. Poisoning food or water under s. 859.01. 725 11. Abuse of a dead human body under s. 872.06. 726 12. Any burglary offense or attempted burglary offense that 727

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 48 of 49 CODING: Words stricken are deletions; words underlined are additions. is either a first degree felony or second degree felony under s. 728 810.02(2) or (3). 729 13. Arson or attempted arson under s. 806.01(1). 730 14. Aggravated assault under s. 784.021. 731 15. Aggravated stalking under s. 784.048(3), (4), (5), or 732 (7). 733 16. Aircraft piracy under s. 860.16. 734 17. Unlawful throwing, placing, or discharging of a 735 destructive device or bomb under s. 790.161(2), (3), or (4). 736 18. Treason under s. 876.32. 737 19.

Any offense committed in another jurisdiction which 738 would be an offense listed in this paragraph if that offense had 739 been committed in this state. 740

Section 19. Paragraph (

e) of subsection (3) and subsection 741 (10) of

section 960.03, Florida Statutes, are amended to read: 742 960.03

Definitions; ss. 960.01-960.28.—As used in ss. 743 960.01-960.28, unless the context otherwise requires, the term: 744 (3) “Crime” means: 745 (

e) A violation of s. 827.071, s. 847.0135, s. 847.0137, or 746 s. 847.0138, related to online sexual exploitation and child 747 sexual abuse material pornography. 748 (10) “Identified victim of child sexual abuse material 749 pornography” means any person who, while under the age of 18, is 750 depicted in any image or movie of child sexual abuse material 751 pornography and who is identified through a report generated by 752 a law enforcement agency and provided to the National Center for 753 Missing and Exploited Children’s Child Victim Identification 754 Program. 755

Section 20. Subsection (1) of

section 960.197, Florida 756

Florida Senate - 2026 SB 398 7-00642-26 2026398__ Page 49 of 49 CODING: Words stricken are deletions; words underlined are additions. Statutes, is amended to read: 757 960.197 Assistance to victims of online sexual exploitation 758 and child sexual abuse material pornography.— 759

(1) Notwithstanding the criteria set forth in s. 960.13 for 760 crime victim compensation awards, the department may award 761 compensation for counseling and other mental health services to 762 treat psychological injury or trauma to: 763 (

a) A child younger than 18 years of age who suffers 764 psychiatric or psychological injury as a direct result of online 765 sexual exploitation under any provision of s. 827.071, s. 766 847.0135, s. 847.0137, or s. 847.0138, and who does not 767 otherwise sustain a personal injury or death; or 768 (

b) Any person who, while younger than age 18, was depicted 769 in any image or movie, regardless of length, of child sexual 770 abuse material pornography as defined in s. 847.001, who has 771 been identified by a law enforcement agency or the National 772 Center for Missing and Exploited Children as an identified 773 victim of child sexual abuse material pornography, who suffers 774 psychiatric or psychological injury as a direct result of the 775 crime, and who does not otherwise sustain a personal injury or 776 death. 777

Section 21. This act shall take effect July 1, 2026. 778