Florida 2026 Session Status: Passed Senate 1 R cosponsors

SB 398 — Child Pornography Terminology

Last action — Died in Children, Families, and Elder Affairs, companion bill(s) passed, see CS/HB 245 (Ch. 2026-18), CS/CS/HB 1159 (Ch. 2026-20)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the Senate. Introduced November 05, 2025. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the House.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 48% · moderate confidence

  • Passed Senate

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Child Pornography Terminology; Replacing the terms “pornography” and “child pornography” with the term “child sexual abuse material”, etc.

Bill Text

What changed in the latest version

642 added · 251 removed

642 line(s) added, 251 removed.

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Latest
Florida Senate - 2026 SB 398 By Senator Leek 7-00642-26 2026398__ A bill to be entitled An act relating to child pornography terminology;
Florida Senate - 2026 CS for SB 398 By the Committee on Criminal Justice;
and Senator Leek 591-01744-26 2026398c1 A bill to be entitled An act relating to child pornography terminology;
39.0138, 92.56, 92.561, 435.07, 456.074, 775.0847, 827.071, 827.072, 836.13, 836.14, 847.001, 847.002, 847.01357, 847.0139, 903.011, 921.0022, 948.06, 960.03, and 960.197, F.S.;
39.0138, 92.56, 92.561, 435.07, 456.074, 775.0847, 827.071, 827.072, 836.13, 836.14, 847.001, 847.002, 847.01357, 847.0139, 903.011, 948.06, 960.03, and 960.197, F.S.;
amending s.
amending ss.
847.0137, F.S.;
847.0137 and 921.0022, F.S.;
or (d) Homicide, sexual battery, or other felony involving violence, other than felony assault or felony battery when an adult was the victim of the assault or battery, or resisting Page 1 of 49 CODING:
or (d) Homicide, sexual battery, or other felony involving violence, other than felony assault or felony battery when an adult was the victim of the assault or battery, or resisting Page 1 of 62 CODING:
Florida Senate - 2026 SB 398 7-00642-26 2026398__ arrest with violence.
Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 arrest with violence.
(2) Notwithstanding any law or rule of court, a court shall deny, in a criminal proceeding, any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any property or material that portrays sexual performance by a child, Page 2 of 49 CODING:
(2) Notwithstanding any law or rule of court, a court shall deny, in a criminal proceeding, any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any property or material that portrays sexual performance by a child, Page 2 of 62 CODING:
Florida Senate - 2026 SB 398 7-00642-26 2026398__ constitutes generated child sexual abuse material pornography, or constitutes child sexual abuse material pornography so long as the state attorney makes the property or material reasonably available to the defendant.
Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 constitutes generated child sexual abuse material pornography, or constitutes child sexual abuse material pornography so long as the state attorney makes the property or material reasonably available to the defendant.
402.302(3), and such a person is disqualified from employment as child care personnel, regardless of any previous exemptions from disqualification, if the person has been registered as a sex Page 3 of 49 CODING:
402.302(3), and such a person is disqualified from employment as child care personnel, regardless of any previous exemptions from disqualification, if the person has been registered as a sex Page 3 of 62 CODING:
Florida Senate - 2026 SB 398 7-00642-26 2026398__ offender as described in 42 U.S.C.
Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 offender as described in 42 U.S.C.
Section 787.04(3), relating to leading, taking, enticing, or removing a minor beyond the state limits, or concealing the location of a minor, with criminal intent pending dependency proceedings or proceedings concerning alleged abuse Page 4 of 49 CODING:
Section 787.04(3), relating to leading, taking, enticing, or removing a minor beyond the state limits, or concealing the location of a minor, with criminal intent pending dependency proceedings or proceedings concerning alleged abuse Page 4 of 62 CODING:
Florida Senate - 2026 SB 398 7-00642-26 2026398__ or neglect of a minor.
Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 or neglect of a minor.
Chapter 847, relating to child sexual abuse material Page 5 of 49 CODING:
Chapter 847, relating to child sexual abuse material Page 5 of 62 CODING:
Florida Senate - 2026 SB 398 7-00642-26 2026398__ pornography.
Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 pornography.
Page 6 of 49 CODING:
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Florida Senate - 2026 SB 398 7-00642-26 2026398__ (2) A violation of s.
Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 (2) A violation of s.
penalties.— (1) As used in this section, the following definitions Page 7 of 49 CODING:
penalties.— (1) As used in this section, the following definitions Page 7 of 62 CODING:
Florida Senate - 2026 SB 398 7-00642-26 2026398__ shall apply:
Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 shall apply:
If such photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation includes child sexual abuse material pornography depicting more than one child, then each such child in each such photograph, motion picture, exhibition, Page 8 of 49 CODING:
If such photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation includes child sexual abuse material pornography depicting more than one child, then each such child in each such photograph, motion picture, exhibition, Page 8 of 62 CODING:
Florida Senate - 2026 SB 398 7-00642-26 2026398__ show, representation, image, data, computer depiction, or other presentation that is knowingly solicited, possessed, controlled, or intentionally viewed is a separate offense.
Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 show, representation, image, data, computer depiction, or other presentation that is knowingly solicited, possessed, controlled, or intentionally viewed is a separate offense.
(b) A person who intentionally creates generated child sexual abuse material pornography commits a felony of the third Page 9 of 49 CODING:
(b) A person who intentionally creates generated child sexual abuse material pornography commits a felony of the third Page 9 of 62 CODING:
Florida Senate - 2026 SB 398 7-00642-26 2026398__ degree, punishable as provided in s.
Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 degree, punishable as provided in s.
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Florida Senate - 2026 SB 398 7-00642-26 2026398__ or (b) Any image that has been created, altered, adapted, or modified by electronic, mechanical, or other means, to portray an identifiable minor engaged in sexual conduct.
Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 or (b) Any image that has been created, altered, adapted, or modified by electronic, mechanical, or other means, to portray an identifiable minor engaged in sexual conduct.
(2) Any law enforcement officer submitting a case for prosecution which involves the production, promotion, or possession of child sexual abuse material pornography shall submit to the designated prosecutor the law enforcement agency contact information provided by the Child Victim Identification Page 11 of 49 CODING:
(2) Any law enforcement officer submitting a case for prosecution which involves the production, promotion, or possession of child sexual abuse material pornography shall submit to the designated prosecutor the law enforcement agency contact information provided by the Child Victim Identification Page 11 of 62 CODING:
Florida Senate - 2026 SB 398 7-00642-26 2026398__ Program at the National Center for Missing and Exploited Children, for any images or movies involved in the case which contain the depiction of an identified victim of child sexual abuse material pornography as defined in s.
Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 Program at the National Center for Missing and Exploited Children, for any images or movies involved in the case which contain the depiction of an identified victim of child sexual abuse material pornography as defined in s.
847.01357 Exploited children’s civil remedy.— (1) Any person who, while under the age of 18, was a victim of a sexual abuse crime listed in chapter 794, chapter 800, chapter 827, or chapter 847, where any portion of such abuse was used in the production of child sexual abuse material pornography, and who suffers personal or psychological injury as a result of the production, promotion, or possession of such images or movies, may bring an action in an appropriate state court against the producer, promoter, or possessor of such Page 12 of 49 CODING:
847.01357 Exploited children’s civil remedy.— (1) Any person who, while under the age of 18, was a victim of a sexual abuse crime listed in chapter 794, chapter 800, chapter 827, or chapter 847, where any portion of such abuse was used in the production of child sexual abuse material pornography, and who suffers personal or psychological injury as a result of the production, promotion, or possession of such images or movies, may bring an action in an appropriate state court against the producer, promoter, or possessor of such Page 12 of 62 CODING:
Florida Senate - 2026 SB 398 7-00642-26 2026398__ images or movies, regardless of whether the victim is now an adult.
Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 images or movies, regardless of whether the victim is now an adult.
(4) This section shall not be construed to preclude prosecution of a person in this state or another jurisdiction Page 13 of 49 CODING:
(4) This section shall not be construed to preclude prosecution of a person in this state or another jurisdiction Page 13 of 62 CODING:
Florida Senate - 2026 SB 398 7-00642-26 2026398__ for a violation of any law of this state, including a law providing for greater penalties than prescribed in this section, for the transmission of child sexual abuse material pornography, as defined in s.
Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 for a violation of any law of this state, including a law providing for greater penalties than prescribed in this section, for the transmission of child sexual abuse material pornography, as defined in s.
statewide uniform bond schedule.— Page 14 of 49 CODING:
statewide uniform bond schedule.— Page 14 of 62 CODING:
Florida Senate - 2026 SB 398 7-00642-26 2026398__ (6) A person may not be released before his or her first appearance hearing or bail determination and a judge must determine the appropriate bail, if any, based on an individualized consideration of the criteria in s.
Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 (6) A person may not be released before his or her first appearance hearing or bail determination and a judge must determine the appropriate bail, if any, based on an individualized consideration of the criteria in s.
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Florida Senate - 2026 SB 398 7-00642-26 2026398__ 3.
Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 3.
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Florida Senate - 2026 SB 398 7-00642-26 2026398__ 12.
Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 12.
Paragraphs (f) and (g) of subsection (3) of section 921.0022, Florida Statutes, are amended to read:
Paragraphs (e), (f), and (g) of subsection (3) of section 921.0022, Florida Statutes, are amended to read:
offense severity ranking chart.— (3) OFFENSE SEVERITY RANKING CHART (f) LEVEL 6 Florida Felony Description Statute Degree 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
offense severity ranking chart.— (3) OFFENSE SEVERITY RANKING CHART (e) LEVEL 5 Florida Felony Statute Degree Description 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop;
leaving scene.
Show all 437 changed rows (397 more)
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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 Page 17 of 62 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 activated.
316.80(2) 2nd Unlawful conveyance of fuel;
obtaining fuel fraudulently.
322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
327.30(5)(a)2.
3rd Vessel accidents involving personal injuries other than serious bodily injury;
leaving scene.
365.172 2nd Misuse of emergency (14)(b)2.
communications system resulting in death.
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 Page 18 of 62 CODING:
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words underlined are additions.
Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 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.
379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
379.407(5)(b)3.
3rd Possession of 100 or more undersized spiny lobsters.
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
624.401(4)(b)2.
2nd Transacting insurance without a certificate or authority;
premium collected $20,000 or more but less than $100,000.
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 626.902(1)(c) 2nd Representing an unauthorized insurer;
repeat offender.
790.01(3) 3rd Unlawful carrying of a concealed firearm.
790.162 2nd Threat to throw or discharge destructive device.
790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
790.221(1) 2nd Possession of short- barreled shotgun or machine gun.
790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
796.05(1) 2nd Live on earnings of a prostitute;
1st offense.
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 800.04(6)(c) 3rd Lewd or lascivious conduct;
offender less than 18 years of age.
800.04(7)(b) 2nd Lewd or lascivious exhibition;
offender 18 years of age or older.
806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
810.145(4) 3rd Commercial digital voyeurism dissemination.
810.145(7)(a) 2nd Digital voyeurism;
2nd or subsequent offense.
810.145(8)(a) 2nd Digital voyeurism;
certain minor victims.
812.014(2)(d)3.
2nd Grand theft, 2nd degree;
theft from 20 or more dwellings or their unenclosed Page 22 of 62 CODING:
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words underlined are additions.
Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 curtilage, or any combination.
812.0145(2)(b) 2nd Theft from person 65 years of age or older;
$10,000 or more but less than $50,000.
812.015 3rd Retail theft;
property (8)(a) & (c)-(e) stolen is valued at $750 or more and one or more specified acts.
812.015(8)(f) 3rd Retail theft;
multiple thefts within specified period.
812.015(8)(g) 3rd Retail theft;
committed with specified number of other persons.
812.019(1) 2nd Stolen property;
dealing in or trafficking in.
812.081(3) 2nd Trafficking in trade secrets.
812.131(2)(b) 3rd Robbery by sudden Page 23 of 62 CODING:
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words underlined are additions.
Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 snatching.
812.16(2) 3rd Owning, operating, or conducting a chop shop.
817.034(4)(a)2.
2nd Communications fraud, value $20,000 to $50,000.
817.234(11)(b) 2nd Insurance fraud;
property value $20,000 or more but less than $100,000.
817.2341(1), 3rd Filing false financial (2)(a) & (3)(a) statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
817.568(2)(b) 2nd Fraudulent use of personal identification information;
value of benefit, services received, payment Page 24 of 62 CODING:
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words underlined are additions.
Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
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.
843.01(1) 3rd Resist officer with violence to person;
resist arrest with violence.
847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer;
offender 18 years or older.
847.0137 3rd Transmission of child (2) & (3) sexual abuse material pornography by electronic device or Page 26 of 62 CODING:
Words stricken are deletions;
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 equipment.
847.0138 3rd Transmission of (2) & (3) material harmful to minors to a minor by electronic device or equipment.
874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang;
second or subsequent offense.
874.05(2)(a) 2nd Encouraging or recruiting person under years of age to join a criminal gang.
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).
893.13(1)(c)2.
2nd Sell, manufacture, or deliver cannabis (or other s.
893.03(1)(c), Page 27 of 62 CODING:
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words underlined are additions.
Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 (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.
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.
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., Page 28 of 62 CODING:
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
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.
893.13(4)(b) 2nd Use or hire of minor;
deliver to minor other controlled substance.
893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
(f) LEVEL 6 Florida Felony Description Statute Degree Page 29 of 62 CODING:
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
400.9935(4)(c) 2nd Operating a clinic, or offering Page 17 of 49 CODING:
400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 SB 398 7-00642-26 2026398__ services requiring licensure, without a license.
775.0875(1) 3rd Taking firearm from law enforcement officer.
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 775.0875(1) 3rd Taking firearm from law enforcement officer.
credible Page 18 of 49 CODING:
credible threat.
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words underlined are additions.
Florida Senate - 2026 SB 398 7-00642-26 2026398__ threat.
784.081(2) 2nd Aggravated assault on specified official or employee.
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 784.081(2) 2nd Aggravated assault on specified official or employee.
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787.025(2)(a) 3rd Luring or enticing a child.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 SB 398 7-00642-26 2026398__ 787.025(2)(a) 3rd Luring or enticing a child.
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.
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 Page 32 of 62 CODING:
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words underlined are additions.
Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 manner.
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victim 12 years of age or older but less than 16 years of age;
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 SB 398 7-00642-26 2026398__ victim 12 years of age or older but less than 16 years of age;
810.145(8)(b) 2nd Digital voyeurism;
Page 33 of 62 CODING:
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 810.145(8)(b) 2nd Digital voyeurism;
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812.015(9)(a) 2nd Retail theft;
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 SB 398 7-00642-26 2026398__ 812.015(9)(a) 2nd Retail theft;
committed with specified number of other persons and use of social media platform.
committed with specified number of other Page 34 of 62 CODING:
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 persons and use of social media platform.
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817.505(4)(b) 2nd Patient brokering;
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 SB 398 7-00642-26 2026398__ 817.505(4)(b) 2nd Patient brokering;
825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or Page 35 of 62 CODING:
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 disabled adult.
827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes Page 23 of 49 CODING:
827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child sexual abuse material pornography.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 SB 398 7-00642-26 2026398__ child sexual abuse material pornography.
847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
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847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
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Florida Senate - 2026 SB 398 7-00642-26 2026398__ 893.131 2nd Distribution of controlled substances resulting in overdose or serious bodily injury.
Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
893.131 2nd Distribution of controlled substances resulting in overdose or serious bodily injury.
3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
3rd Committing malicious battery upon or inflicting cruel or Page 37 of 62 CODING:
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
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951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 SB 398 7-00642-26 2026398__ 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
316.1935(3)(b) 1st Causing serious bodily injury or death to another person;
316.1935(3)(b) 1st Causing serious bodily injury Page 38 of 62 CODING:
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 or death to another person;
402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, Page 26 of 49 CODING:
402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 SB 398 7-00642-26 2026398__ permanent disfiguration, permanent disability, or death.
456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
456.065(2) 2nd Practicing a health care profession without a license Page 39 of 62 CODING:
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 which results in serious bodily injury.
Page 27 of 49 CODING:
462.17 3rd Practicing naturopathy without a license.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 SB 398 7-00642-26 2026398__ 462.17 3rd Practicing naturopathy without a license.
467.201 3rd Practicing midwifery without a license.
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 467.201 3rd Practicing midwifery without a license.
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484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
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Florida Senate - 2026 SB 398 7-00642-26 2026398__ 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
3rd Failure to report currency or payment instruments exceeding Page 41 of 62 CODING:
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 $300 but less than $20,000 by a money services business.
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775.21(10)(a) 3rd Sexual predator;
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Florida Senate - 2026 SB 398 7-00642-26 2026398__ 775.21(10)(a) 3rd Sexual predator;
782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
782.051(3) 2nd Attempted felony murder of a Page 42 of 62 CODING:
782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular Page 30 of 49 CODING:
Florida Senate - 2026 SB 398 7-00642-26 2026398__ homicide).
Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 person by a person other than the perpetrator or the perpetrator of an attempted felony.
782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
perpetrator aware victim pregnant.
perpetrator Page 43 of 62 CODING:
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 aware victim pregnant.
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784.08(2)(a) 1st Aggravated battery on a person years of age or older.
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Florida Senate - 2026 SB 398 7-00642-26 2026398__ 784.08(2)(a) 1st Aggravated battery on a person years of age or older.
second or subsequent offense.
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 second or subsequent offense.
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790.07(4) 1st Specified weapons violation subsequent to previous conviction of s.
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Florida Senate - 2026 SB 398 7-00642-26 2026398__ 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s.
790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or Page 45 of 62 CODING:
790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
790.23 1st,PBL Possession of a firearm by a person who qualifies for the Page 33 of 49 CODING:
Florida Senate - 2026 SB 398 7-00642-26 2026398__ penalty enhancements provided for in s.
Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 attempting to commit a felony.
790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s.
800.04(5)(c)1.
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 800.04(5)(c)1.
victim 12 years of age or older Page 34 of 49 CODING:
victim 12 years of age or older but younger than 16 years;
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Florida Senate - 2026 SB 398 7-00642-26 2026398__ but younger than 16 years;
810.02(3)(d) 2nd Burglary of occupied conveyance;
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 810.02(3)(d) 2nd Burglary of occupied conveyance;
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812.014(2)(b)2.
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Florida Senate - 2026 SB 398 7-00642-26 2026398__ 812.014(2)(b)2.
firearm with previous conviction of s.
firearm with previous Page 48 of 62 CODING:
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 conviction of s.
no firearm, deadly Page 36 of 49 CODING:
no firearm, deadly weapon, or other weapon.
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Florida Senate - 2026 SB 398 7-00642-26 2026398__ weapon, or other weapon.
817.2341 1st Making false entries of (2)(b) & material fact or false (3)(b) statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
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817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud.
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Florida Senate - 2026 SB 398 7-00642-26 2026398__ 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud.
Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 817.2341 1st Making false entries of (2)(b) & material fact or false (3)(b) statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud.
817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud.
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.
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827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
827.04(3) 3rd Impregnation of a child under years of age by person 21 years of age or older.
827.071(2) & (3) 2nd Use or induce a child in a Page 38 of 49 CODING:
Florida Senate - 2026 SB 398 7-00642-26 2026398__ sexual performance, or promote or direct such performance.
Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 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.
827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
827.04(3) 3rd Impregnation of a child under years of age by person 21 years of age or older.
827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
838.016 2nd Unlawful compensation or reward for official behavior.
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 838.016 2nd Unlawful compensation or reward for official behavior.
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843.0855(4) 3rd Intimidation of a public officer or employee.
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Florida Senate - 2026 SB 398 7-00642-26 2026398__ 843.0855(4) 3rd Intimidation of a public officer or employee.
second or subsequent offense.
second or Page 52 of 62 CODING:
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 subsequent offense.
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 Page 40 of 49 CODING:
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 state, county, or municipal park or publicly owned recreational facility or community center.
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Florida Senate - 2026 SB 398 7-00642-26 2026398__ state, county, or municipal park or publicly owned recreational facility or community center.
deliver to minor other controlled substance.
deliver Page 53 of 62 CODING:
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 to minor other controlled substance.
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893.135 1st Trafficking in hydrocodone, 28 (1)(c)2.a.
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Florida Senate - 2026 SB 398 7-00642-26 2026398__ 893.135 1st Trafficking in hydrocodone, 28 (1)(c)2.a.
grams or more, less than 25 grams.
grams or more, less than 25 Page 54 of 62 CODING:
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 grams.
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893.135(1)(f)1.
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Florida Senate - 2026 SB 398 7-00642-26 2026398__ 893.135(1)(f)1.
1 kilogram or more, less than 5 kilograms.
1 kilogram or more, less than 5 Page 55 of 62 CODING:
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 kilograms.
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893.135 1st Trafficking in n-benzyl (1)(n)2.a.
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Florida Senate - 2026 SB 398 7-00642-26 2026398__ 893.135 1st Trafficking in n-benzyl (1)(n)2.a.
3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
3rd Structuring transactions to evade reporting or registration requirements, financial Page 56 of 62 CODING:
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 transactions exceeding $300 but less than $20,000.
failure to Page 44 of 49 CODING:
failure to comply with reporting requirements.
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Florida Senate - 2026 SB 398 7-00642-26 2026398__ comply with reporting requirements.
failure to comply with reporting requirements.
failure to Page 57 of 62 CODING:
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 comply with reporting requirements.
failure Page 45 of 49 CODING:
failure to respond to address verification;
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Florida Senate - 2026 SB 398 7-00642-26 2026398__ to respond to address verification;
failure to respond to address verification;
failure Page 58 of 62 CODING:
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 to respond to address verification;
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787.02(3), or luring or enticing a child under s.
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Florida Senate - 2026 SB 398 7-00642-26 2026398__ 787.02(3), or luring or enticing a child under s.
812.13, carjacking or attempted carjacking under s.
812.13, carjacking Page 59 of 62 CODING:
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 or attempted carjacking under s.
Any burglary offense or attempted burglary offense that Page 47 of 49 CODING:
Any burglary offense or attempted burglary offense that is either a first degree felony or second degree felony under s.
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Florida Senate - 2026 SB 398 7-00642-26 2026398__ is either a first degree felony or second degree felony under s.
960.03 Definitions;
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 960.03 Definitions;
Subsection (1) of section 960.197, Florida Page 48 of 49 CODING:
Subsection (1) of section 960.197, Florida Statutes, is amended to read:
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Florida Senate - 2026 SB 398 7-00642-26 2026398__ Statutes, is amended to read:
847.001, who has been identified by a law enforcement agency or the National Center for Missing and Exploited Children as an identified victim of child sexual abuse material pornography, who suffers psychiatric or psychological injury as a direct result of the crime, and who does not otherwise sustain a personal injury or death.
847.001, who has Page 61 of 62 CODING:
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Florida Senate - 2026 CS for SB 398 591-01744-26 2026398c1 been identified by a law enforcement agency or the National Center for Missing and Exploited Children as an identified victim of child sexual abuse material pornography, who suffers psychiatric or psychological injury as a direct result of the crime, and who does not otherwise sustain a personal injury or death.
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Action History

  1. Died in Children, Families, and Elder Affairs, companion bill(s) passed, see CS/HB 245 (Ch. 2026-18), CS/CS/HB 1159 (Ch. 2026-20)

  2. CS by Criminal Justice read 1st time

  3. Introduced

  4. Now in Children, Families, and Elder Affairs

  5. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  6. CS by Criminal Justice; YEAS 6 NAYS 0

  7. On Committee agenda-- Criminal Justice, 12/09/25, 10:00 am, 37 Senate Building

  8. Referred to Criminal Justice; Children, Families, and Elder Affairs; Rules

  9. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 398 do?
Child Pornography Terminology; Replacing the terms “pornography” and “child pornography” with the term “child sexual abuse material”, etc.
Who sponsors SB 398?
SB 398 is sponsored by Leek, Thomas J. "Tom" (Republican).
What is the current status of SB 398?
This bill has passed the Senate. Introduced November 05, 2025. It now moves to the second chamber.
Where can I track SB 398?
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