HB 1159 — CS/CS/HB 1159: Sexual Offenses

92.56 Judicial proceedings and court records involving sexual offenses and human trafficking.— (3) The state may use a pseudonym instead of the victim's name to designate the victim of a crime described in s.

787.06(3)(a)1., (c)1., or (e)1., in s.

787.06(3)(b), (d), (f), or (g), or in chapter 794 or chapter 800, or of child abuse, aggravated child abuse, or sexual performance by a child as described in chapter 827, or any crime involving the production, Page 3 of 87 CODING:

hb1159-02-c2hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1159 2026 possession,(2) orA promotionviolation of childs. sexual abuse material pornography as described in chapter 847, in all court records and records of court proceedings, both civil and criminal.

Section 3.

Section 92.561, Florida Statutes, is amended to read:

92.561 Prohibition on reproduction of child sexual abuse material pornography.— (1) In a criminal proceeding, any property or material that portrays sexual performance by a child as defined in s.

827.071, constitutes generated child sexual abuse material pornography as defined in s.

827.072, or constitutes child sexual abuse material pornography as defined in s.

847.001, must remain secured or locked in the care, custody, and control of a law enforcement agency, the state attorney, or the court.

(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, 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.

(3) For purposes of this section, property or material is deemed to be reasonably available to the defendant if the state attorney provides ample opportunity at a designated facility for Page 4 of 87 CODING:

Words stricken are deletions;

words underlined are additions.

hb1159-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1159 2026 the inspection, viewing, and examination of the property or material that portrays sexual performance by a child, constitutes generated child sexual abuse material pornography, or constitutes child sexual abuse material pornography by the defendant, his or her attorney, or any individual whom the defendant uses as an expert during the discovery process or at a court proceeding.

Section 4.

Paragraph (c) of subsection (4) of section 435.07, Florida Statutes, is amended to read:

435.07 Exemptions from disqualification.—Unless otherwise provided by law, the provisions of this section apply to exemptions from disqualification for disqualifying offenses revealed pursuant to background screenings required under this chapter, regardless of whether those disqualifying offenses are listed in this chapter or other laws.

(4) (c) Disqualification from employment under this chapter may not be removed from, and an exemption may not be granted to, any current or prospective child care personnel, as defined in s.

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 offender as described in 42 U.S.C.

s.

9858f(c)(1)(C) or has been arrested for and is awaiting final disposition of, has been convicted or found guilty of, or entered a plea of guilty or Page 5 of 87 CODING:

Words stricken are deletions;

words underlined are additions.

hb1159-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1159 2026 nolo contendere to, regardless of adjudication, or has been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under any of the following provisions of state law or a similar law of another jurisdiction:

1.

A felony offense prohibited under any of the following statutes:

a.

Chapter 741, relating to domestic violence.

b.

Section 782.04, relating to murder.

c.

Section 782.07, relating to manslaughter;

aggravated manslaughter of an elderly person or disabled adult;

aggravated manslaughter of a child;

or aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.

d.

Section 784.021, relating to aggravated assault.

e.

Section 784.045, relating to aggravated battery.

f.

Section 787.01, relating to kidnapping.

g.

Section 787.025, relating to luring or enticing a child.

h.

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

i.

Section 787.04(3), relating to leading, taking, enticing, or removing a minor beyond the state limits, or Page 6 of 87 CODING:

Words stricken are deletions;

words underlined are additions.

hb1159-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1159 2026 concealing the location of a minor, with criminal intent pending dependency proceedings or proceedings concerning alleged abuse or neglect of a minor.

j.

Section 794.011, relating to sexual battery.

k.

Former s.

794.041, relating to sexual activity with or solicitation of a child by a person in familial or custodial authority.

l.

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

m.

Section 794.08, relating to female genital mutilation.

n.

Section 806.01, relating to arson.

o.

Section 826.04, relating to incest.

p.

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

q.

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

r.

Section 827.071, relating to sexual performance by a child.

s.

Chapter 847, relating to child sexual abuse material pornography.

t.

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

u.

Section 985.701, relating to sexual misconduct in juvenile justice programs.

Page 7 of 87 CODING:

Words stricken are deletions;

words underlined are additions.

hb1159-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1159 2026 2.

A misdemeanor offense prohibited under any of the following statutes:

a.

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

b.

Section 787.025, relating to luring or enticing a child.

c.

Chapter 847, relating to child sexual abuse material pornography.

3.

A criminal act committed in another state or under federal law which, if committed in this state, constitutes an offense prohibited under any statute listed in subparagraph 1.

or subparagraph 2.

Section 5.

Paragraph (aa) of subsection (5) of section 456.074, Florida Statutes, is amended to read:

456.074 Certain health care practitioners;

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

(aa) Section 847.0137, relating to the transmission of child sexual abuse material pornography by electronic device or equipment.

Page 8 of 87 CODING:

Words stricken are deletions;

words underlined are additions.

hb1159-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1159 2026 Section 6.

Paragraph (b) of subsection (1) and subsection (2) of section 775.0847, Florida Statutes, are amended and subsection (3) of that section is republished to read:

775.0847 Possession or promotion of certain images of child sexual abuse material pornography;

reclassification.— (1) For purposes of this section:

(b) "Child sexual abuse material pornography" means:

1.

Any image depicting a minor engaged in sexual conduct;

or 2.

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) A violation of s.

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

or and (b) The offender possesses any number of images of any form of child pornography and the content of at least one image contains one or more of the following:

Any motion picture, film, video, or computer-generated Pagemotion 9picture, film, or video involving a child, regardless of 87length CODING:and regardless of whether the motion picture, film, video, or computer-generated motion picture, film, or video contains sound.

Words stricken are deletions;

words underlined are additions.

hb1159-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1159 2026 motion picture, film, or video involving a child, regardless of length and regardless of whether the motion picture, film, video, or computer-generated motion picture, film, or video contains sound.

If an offense is reclassified under this paragraph and the offender is 18 years of age or older at the time of the offense, the offender must be sentenced to a mandatory minimum term of imprisonment of 5 years.

If an Page 3 of 67 CODING:

Words stricken are deletions;

words underlined are additions.

hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1159 2026 offense is reclassified under this paragraph and the offender is 18 years of age or older at the time of the offense, the offender must be sentenced to a mandatory minimum term of imprisonment of 15 years.

Section 7.2.

PageStatute Mandatory Minimum (a) 800.04(5) 15 10 years Page 4 of 8767 CODING:

hb1159-02-c2hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1159 2026 Statute Mandatory Minimum (a) 800.04(5) 15 10 years (b) 825.1025(3) 10 years (c) 827.071(2) 30 20 years (d) 827.071(3) 20 years (e) 827.071(4) 15 years (f) 827.071(5)(a) 10 years (g) 847.0135 10 years (h) 847.0137 10 years (i) 847.0145 30 20 years Section 8.3.

ParagraphSubsections (b)(2) of subsection (1), subsections (2), (3), and (4),(3) and paragraph (a) of subsection (5) of section 827.071, Florida Statutes, are amended,amended and subsection (7) is added to that section, to read:

child sexualpornography; abuse Page 11 of 87 CODING:

penalties.— (2)(a) A person is guilty of the use of a child in a sexual performance if, knowing the character and content thereof, he or she employs, authorizes, or induces a child to engage in a sexual performance or, being a parent, legal Page 5 of 67 CODING:

hb1159-02-c2hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1159 2026 materialguardian, pornography;or custodian of such child, consents to the participation by such child in a sexual performance.

penalties.—A (1)person Aswho usedviolates in this section,subsection commits a felony of the followingfirst definitionssecond shalldegree, apply:punishable as provided in s.

(b) "Child sexual abuse material pornography" means:

1.

Any image depicting a minor engaged in sexual conduct;

or 2.

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)(a) A person is guilty of the use of a child in a sexual performance if, knowing the character and content thereof, he or she employs, authorizes, or induces a child to engage in a sexual performance or, being a parent, legal guardian, or custodian of such child, consents to the participation by such child in a sexual performance.

A person who violates this paragraph subsection commits a felony of the first second degree, punishable as provided in s.

ExceptA as provided in subsection (7), a person 18 years of age or older at the time of the offense who is convicted of a violation of this paragraph must be sentenced to a mandatory minimum term of imprisonment of 15 years.

PageA 12person ofwho 87violates CODING:this paragraph commits a life felony, punishable as provided in s.

Words stricken are deletions;

words underlined are additions.

hb1159-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1159 2026 A person who violates this paragraph commits a life felony, punishable as provided in s.

ExceptA as provided in subsection (7), a person 18 years of age or older at the time of the offense who is convicted of a violation of this subsection must be sentenced to aPage mandatory6 minimum term of imprisonment67 ofCODING: 5 years.

(4) It is unlawful for any person to possess with the intent to promote any photograph, motion picture, exhibition, show, representation, or other presentation which, in whole or in part, includes child sexual abuse material pornography.

The possession of three or more copies of such photograph, motion picture, representation, or presentation is prima facie evidence of an intent to promote.

A person who violates this subsection commits a felony of the second degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084.

(5)(a) It is unlawful for any person to knowingly solicit, Page 13 of 87 CODING:

hb1159-02-c2hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1159 2026 possess, control, or intentionally view a photograph,mandatory motionminimum picture,term exhibition,of show,imprisonment representation,of image,5 data,years. computer depiction, or other presentation which, in whole or in part, he or she knows to include child sexual abuse material pornography.

(5)(a) It is unlawful for any person to knowingly solicit, possess, control, or intentionally view a photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation which, in whole or in part, he or she knows to include child pornography.

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, show, representation, image, data, computer depiction, or other presentation that is knowingly solicited, possessed, controlled, or intentionally viewed is a separate offense.

(7)Section A4. court is not required to impose a mandatory minimum term of imprisonment for a violation of this section if the court makes the following written findings related to the sexual performance that forms the basis of the violation:

(a)Paragraph The(b) childof depictedsubsection in(2) the sexual performance was 14 years of agesection or827.072, olderFlorida atStatutes, theis timeamended theto sexualread: performance was created;

827.072 Generated child pornography.— (2) (b) A person who intentionally creates generated child pornography commits a felony of the second third degree, Page 147 of 8767 CODING:

hb1159-02-c2hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1159 2026 (b)punishable Theas sexualprovided performancein wass. created with the depicted child's permission;

(c) The offender was not more than 4 years older than the depicted child at the time the sexual performance was created;

and (d) The offender did not promote the sexual performance to any third party.

Section 9.

Section 827.072, Florida Statutes, is amended to read:

827.072 Generated child sexual abuse material pornography.— (1) As used in this section, the term:

(a) "Generated child sexual abuse material pornography" means any image that has been created, altered, adapted, or modified by electronic, mechanical, or other computer-generated means to portray a fictitious person, who a reasonable person would regard as being a real person younger than 18 years of age, engaged in sexual conduct.

(b) "Intentionally view" has the same meaning as in s.

827.071.

(c) "Sexual conduct" has the same meaning as in s.

827.071.

(d) "Transmit" has the same meaning as in s.

847.0137.

(2)(a) It is unlawful for a person to knowingly possess or control or intentionally view a photograph, a motion picture, a Page 15 of 87 CODING:

Words stricken are deletions;

words underlined are additions.

hb1159-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1159 2026 representation, an image, a data file, a computer depiction, or any other presentation which, in whole or in part, he or she knows includes generated child sexual abuse material pornography.

The possession, control, or intentional viewing of each such photograph, motion picture, representation, image, data file, computer depiction, or other presentation is a separate offense.

A person who violates this paragraph commits a felony of the third degree, punishable as provided in s.

(b)1.A person 18 years of age or older at the time of the offense who is convicted of a violation of this paragraph must be sentenced to a mandatory minimum term of imprisonment of 5 years.

NotwithstandingSection ss.5.

847.012 and 847.0133, any person in this state who knew or reasonably should have known that he or she was transmitting generated child sexual abuse material to another person in this state or in another jurisdiction commits a felony of the second degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084.

2.

Notwithstanding ss.

847.012 and 847.0133, any person in any jurisdiction other than this state who knew or reasonably should have known that he or she was transmitting generated child sexual abuse material to any person in this state commits a felony of the second degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084.

3.

A person is subject to prosecution in this state pursuant to chapter 910 for any act or conduct proscribed by this paragraph, including a person in a jurisdiction other than this state, if the act or conduct violates subparagraph 2.

Page 16 of 87 CODING:

Words stricken are deletions;

words underlined are additions.

hb1159-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1159 2026 (c) A person who intentionally creates generated child sexual abuse material pornography commits a felony of the second third degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084.

(d)(c) Paragraph (a) does not apply to any material possessed, controlled, or intentionally viewed as part of a law enforcement investigation.

Section 10.

775.083, Pageor 17s. of 87 CODING:

Words stricken are deletions;

words underlined are additions.

hb1159-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1159 2026 or s.

A personPage who8 violates this subsection commits a felony of the67 secondCODING: degree, punishable as provided in s.

Words stricken are deletions;

words underlined are additions.

hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1159 2026 person who violates this subsection commits a felony of the second degree, punishable as provided in s.

Page775.082, 18s. of 87 CODING:

Words stricken are deletions;

words underlined are additions.

hb1159-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1159 2026 775.082, s.

(7)(4) In addition to other penalties prescribed by law, the court shall issue an order prohibiting a person convicted underPage this9 sectionof from67 harboring,CODING: owning, possessing, or exercising control over any animal;

Words stricken are deletions;

words underlined are additions.

hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1159 2026 under this section from harboring, owning, possessing, or exercising control over any animal;

Section 11.6.

Subsection (11)(12) ofis added to section 836.13,847.011, Florida Statutes, isand amendedsubsections (1) through (11) of that section are republished, to read:

836.13 Altered sexual depictions;

prohibited acts;

penalties;

applicability.— (11) Prosecution of a person for an offense under this section does not preclude prosecution of that person in this state for a violation of any other law of this state, including a law providing for greater penalties than prescribed in this Page 19 of 87 CODING:

Words stricken are deletions;

words underlined are additions.

hb1159-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1159 2026 section or any other crime related to child sexual abuse material pornography or the sexual performance or the sexual exploitation of children.

Section 12.

Subsection (9) of section 836.14, Florida Statutes, is amended to read:

836.14 Theft or unauthorized promotion of a sexually explicit image.— (9) Prosecution of a person for an offense under this section does not preclude prosecution of that person in this state for a violation of any other law of this state, including a law providing for greater penalties than prescribed in this section or any other crime related to child sexual abuse material pornography or the sexual performance or the sexual exploitation of children.

Section 13.

Subsection (3) of section 847.001, Florida Statutes, is amended to read:

847.001 Definitions.—As used in this chapter, the term:

(3) "Child sexual abuse material pornography" means:

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

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.

Section 14.

Section 847.002, Florida Statutes, is amended to read:

Page 20 of 87 CODING:

Words stricken are deletions;

words underlined are additions.

hb1159-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1159 2026 847.002 Child sexual abuse material pornography prosecutions.— (1) Any law enforcement officer who, pursuant to a criminal investigation, recovers images or movies of child sexual abuse material pornography shall:

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

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

960.03.

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

(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 Program at the National Center for Missing and Exploited Children, for any images or movies involved in the case which Page 21 of 87 CODING:

Words stricken are deletions;

words underlined are additions.

hb1159-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1159 2026 contain the depiction of an identified victim of child sexual abuse material pornography as defined in s.

960.03.

(3) In every filed case involving an identified victim of child sexual abuse material pornography, as defined in s.

960.03, the prosecuting agency shall enter the following information into the Victims in Child Pornography Tracking Repeat Exploitation database maintained by the Office of the Attorney General:

(a) The case number and agency file number.

(b) The named defendant.

(c) The circuit court division and county.

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

(e) Contact information for the prosecutor assigned.

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

Section 15.

Subsection (5) of section 847.011, Florida Statutes, is amended, subsection (12) is added to that section, and subsections (1) through (4) and (6) through (11) of that section are republished, to read:

penalty.— (1)(a) Except as provided in paragraph (c), any person who knowingly sells, lends, gives away, distributes, transmits, shows, or transmutes, or offers to sell, lend, give away, distribute, transmit, show, or transmute, or has in his or her possession, custody, or control with intent to sell, lend, give away, distribute, transmit, show, transmute, or advertise in any Page 2210 of 8767 CODING:

hb1159-02-c2hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1159 2026 distribute, transmit, show, or transmute, or has in his or her possession, custody, or control with intent to sell, lend, give away, distribute, transmit, show, transmute, or advertise in any manner, any obscene book, magazine, periodical, pamphlet, newspaper, comic book, story paper, written or printed story or article, writing, paper, card, picture, drawing, photograph, motion picture film, figure, image, phonograph record, or wire or tape or other recording, or any written, printed, or recorded matter of any such character which may or may not require mechanical or other means to be transmuted into auditory, visual, or sensory representations of such character, or any article or instrument for obscene use, or purporting to be for obscene use or purpose;

or who in any manner knowingly hires, employs, uses, or permits any person knowingly to do or assist in doing any act or thing mentioned above, commits a misdemeanor of the Pagefirst 23degree, ofpunishable 87as CODING:provided in s.

Words stricken are deletions;

words underlined are additions.

hb1159-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1159 2026 first degree, punishable as provided in s.

A person who, after having been convicted of a violation of this subsection, thereafter violates any of its provisions,Page commits11 a felony of the67 thirdCODING: degree, punishable as provided in s.

Words stricken are deletions;

words underlined are additions.

hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1159 2026 provisions, commits a felony of the third degree, punishable as provided in s.

(2) Except as provided in paragraph (1)(c), a person who knowingly has in his or her possession, custody, or control any obscene book, magazine, periodical, pamphlet, newspaper, comic book, story paper, written or printed story or article, writing, paper, card, picture, drawing, photograph, motion picture film, film, any sticker, decal, emblem or other device attached to a motor vehicle containing obscene descriptions, photographs, or depictions, any figure, image, phonograph record, or wire or tape or other recording, or any written, printed, or recorded Page 2412 of 8767 CODING:

hb1159-02-c2hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1159 2026 motor vehicle containing obscene descriptions, photographs, or depictions, any figure, image, phonograph record, or wire or tape or other recording, or any written, printed, or recorded matter of any such character which may or may not require mechanical or other means to be transmuted into auditory, visual, or sensory representations of such character, or any article or instrument for obscene use, or purporting to be for obscene use or purpose, without intent to sell, lend, give away, distribute, transmit, show, transmute, or advertise the same, commits a misdemeanor of the second degree, punishable as provided in s.

(3) No person shall as a condition to a sale, allocation, consignment, or delivery for resale of any paper, magazine, book, periodical, or publication require that the purchaser or consignee receive for resale any other article, paper, magazine, book, periodical, or publication reasonably believed by the purchaser or consignee to be obscene, and no person shall deny or threaten to deny or revoke any franchise or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure of any person to accept any such article, Pagepaper, 25magazine, book, periodical, or publication, or by reason of 87the CODING:return thereof.

Whoever violates this subsection is guilty of a felony of the third degree, punishable as provided Page 13 of 67 CODING:

hb1159-02-c2hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1159 2026 paper,in magazine,s. book, periodical, or publication, or by reason of the return thereof.

Whoever violates this subsection is guilty of a felony of the third degree, punishable as provided in s.

(5)(a)(5)(a)1. 1.

have in his or her possession, custody, or control;

(b) 2.a.

Except as provided in paragraphsub-subparagraph (c) sub- subparagraph b., a person who violates this paragraph (a) commits a felony of the third degree, punishable as provided in s.

(c) b.

A person who is convicted of violating this Pageparagraph 26a second or subsequent time commits a felony of 87the CODING:second degree, punishable as provided in s.

Words stricken are deletions;

words underlined are additions.

hb1159-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1159 2026 paragraph (a) a second or subsequent time commits a felony of the second degree, punishable as provided in s.

Except as provided in subparagraph 2., a person who knowingly has in his or her possession, custody, or control an obscene,Page child-like14 sex doll commits a misdemeanor of the67 firstCODING: degree, punishable as provided in s.

Words stricken are deletions;

words underlined are additions.

hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1159 2026 obscene, child-like sex doll commits a misdemeanor of the first degree, punishable as provided in s.

(7) Proof that a defendant knowingly committed any act or engaged in any conduct referred to in this section may be made by showing that at the time such act was committed or conduct engaged in the defendant had actual knowledge of the contents or character of the material, matter, article, or thing possessed or otherwise dealt with, by showing facts and circumstances from Pagewhich 27it may fairly be inferred that he or she had such knowledge, or by showing that he or she had knowledge of 87such CODING:facts and circumstances as would put a person of ordinary intelligence and caution on inquiry as to such contents or character.

Page 15 of 67 CODING:

hb1159-02-c2hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1159 2026 which(8) itThere mayshall fairly be inferredno thatright heof orproperty shein hadany suchof knowledge,the ormaterials, bymatters, showingarticles, that he or shethings hadpossessed knowledgeor ofotherwise suchdealt factswith andin circumstancesviolation as would put a person of ordinarythis intelligencesection; and caution on inquiry as to such contents or character.

(8) There shall be no right of property in any of the materials, matters, articles, or things possessed or otherwise dealt with in violation of this section;

Page(b) 28After the filing of 87such CODING:a complaint, the judge to whom it is presented may grant an order restraining the person complained of until final hearing or further order of the court.

Whenever the relator state attorney or attorney for a municipality requests a judge of such court to set a hearing Page 16 of 67 CODING:

hb1159-02-c2hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1159 2026 (b)upon Afteran theapplication filingfor of such a complaint,restraining theorder, such judge toshall whomset itsuch ishearing presentedfor maya granttime anwithin order3 restrainingdays after the personmaking complained of untilsuch finalrequest. hearing or further order of the court.

Whenever the relator state attorney or attorney for a municipality requests a judge of such court to set a hearing upon an application for such a restraining order, such judge shall set such hearing for a time within 3 days after the making of such request.

(d) In any action brought as provided in this subsection, no bond or undertaking shall be required of the state attorney or the municipality or its attorney before the issuance of a restraining order provided for by paragraph (b), and there shall be no liability on the part of the state or the state attorney Pageor 29the municipality or its attorney for costs or for damages sustained by reason of 87such CODING:restraining order in any case where a final decree is rendered in favor of the person sought to be enjoined.

(e) Every person who has possession, custody, or control Page 17 of 67 CODING:

hb1159-02-c2hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1159 2026 of, or otherwise deals with, any of the municipalitymaterials, matters, articles, or itsthings attorneydescribed forin coststhis orsection, forafter damagesthe sustainedservice byupon reasonhim or her of sucha restrainingsummons orderand complaint in anyan caseaction wherefor ainjunction finalbrought decreeunder this subsection, is renderedchargeable inwith favorknowledge of the personcontents soughtand tocharacter bethereof. enjoined.

(e) Every person who has possession, custody, or control of, or otherwise deals with, any of the materials, matters, articles, or things described in this section, after the service upon him or her of a summons and complaint in an action for injunction brought under this subsection, is chargeable with knowledge of the contents and character thereof.

(12) ProsecutionThis of a person for an offense under this section doesshall not precludeapply prosecutionto ofany that person inwho thisis statecharged forwith a violation of any otheroffense lawrelating ofto thischild state,pornography including a law providing for greater penalties than prescribed in this section or anytransmission otherof crimematerials punishingharmful theto sexualminors, performanceincluding ora theviolation sexualof exploitations.  of827.071, children.s.

Section827.072, 16.s.

Subsections847.0135, (1)s. and (4) of section 847.01357, Florida Statutes, are amended to read:

847.01357847.0137, Exploitedor children'ss. civil remedy.— (1) Any person who, while under the age of 18, was a Page 30 of 87 CODING:

Words847.0138. stricken are deletions;

wordsSection underlined7. are additions.

hb1159-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1159 2026 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 images or movies, regardless of whether the victim is now an adult.

In any action brought under this section, a prevailing plaintiff shall recover the actual damages such person sustained and the cost of the suit, including reasonable attorney's fees.

Any victim who is awarded damages under this section shall be deemed to have sustained damages of at least $150,000.

(4) It is not a defense to a civil cause of action under this section that the respondent did not know the victim or commit the abuse depicted in any image of child sexual abuse material pornography.

Section 17.

847.0137 Transmission of child sexual abuse material pornography by electronic device or equipment prohibited;

(a) "Access credential" means any password, username, token, unique link, uniformURL, resourcehyperlink, locatoror (URL),other hyperlink,data Pagethat 31permits ofor 87facilitates CODING:access to files or data that are stored in cloud storage.

(b) "Cloud storage" means any remote, networked, or third- Page 18 of 67 CODING:

hb1159-02-c2hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1159 2026 orparty otherprovided datastorage service that enablesallows a user to accessstore, ahost, or share digital filefiles or otherdata and to access such files or data invia cloudthe storage.Internet or other network, whether by direct file transfer, URL, hyperlink, shareable link, access token, credentials, or other means.

(b)(c) "Child"Link" sexualmeans abuseany material"URL, hashyperlink, theshort samelink, meaningshareable aslink, inmagnet s.link, or other string, token, or data that, when used, directs or grants access to content that is stored remotely, including cloud storage.

847.001.(d) "Transmit" means the act of sending and causing to be delivered, including the act of providing access for receiving and causing to be delivered, any image, information, or data over or through any medium, including the Internet or an interconnected network, by use of any electronic equipment or other device.

(c)(2) "CloudAny storage"person meanswho anytransmits, remote,distributes, networked,posts, shares, provides, publishes, or third-makes partyaccessible providedby storageany servicemeans, thatincluding enablesby sending, posting, uploading, or otherwise providing a userlink, access credential, or information that grants access to store,cloud host,storage, any files or sharedata athat digitalthe fileperson knew or otherreasonably datashould have known contain child pornography or generated child pornography, and who knowingly causes another person to accessview or obtain such afiles digitalor filedata, or otherotherwise datafacilitates viaaccess theto Internetsuch files or otherdata, network,commits whethera byfelony directof filethe transfer,second accessdegree, credential,punishable link,as orprovided otherin similars. means.

(d)775.082, "Link"s. means any uniform resource locater (URL), hyperlink, short link, shareable link, magnet link, or other string, token, or data that, when used, directs or grants a user access to a digital file or other data that is stored remotely, including in cloud storage.

(e)775.083, "Transmit" means the act of sending and causing to be delivered, including the act of providing access for receiving and causing to be delivered, any image, information, or datas. over or through any medium, including the Internet or an interconnected network, by use of any electronic equipment or other device.

The775.084. term also includes the act of providing access to any image, information, or data in cloud storage by sharing, publishing, or otherwise making available a link, access credential, or other similar means by which another person may access, view, or obtain such image, information, or data.

Page 3219 of 8767 CODING:

hb1159-02-c2hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1159 2026 (2)A Notwithstandingperson ss.18 years of age or older at the time of the offense who is convicted of a violation of this subsection must be sentenced to a mandatory minimum term of imprisonment of 5 years.

847.012(3)(2) andNotwithstanding 847.0133,ss. any person in this state who knew or reasonably should have known that he or she was transmitting child sexual abuse material pornography, as defined in s.

847.001,847.012 toand another847.0133, any person in this state who knew or inreasonably anothershould jurisdictionhave commitsknown athat felonyhe ofor theshe secondwas thirdtransmitting degree,child punishablepornography, as provideddefined in s.

847.001, or generated child pornography, as defined in s.

827.072(1), to another person in this state or in another jurisdiction commits a felony of the second third degree, punishable as provided in s.

ExceptA as provided in subsection (7), a person 18 years of age or older at the time of the offense who is convicted of a violation of this subsection must be sentenced to a mandatory minimum term of imprisonment of 5 years.

(3)(4)(3) Notwithstanding ss.

847.012 and 847.0133, any person in any jurisdiction other than this state who knew or reasonably should have known that he or she was transmitting child sexual abuse material pornography, as defined in s.

847.001, toor anygenerated personchild inpornography, this state commits a felony of the second third degree, punishable as provideddefined in s.

827.072(1), to any person in this state commits a felony of the second third degree, punishable as provided in s.

ExceptA as provided in subsection (7), a person 18 years of age or older at the time of the offense who is convicted of a violation of this subsection must be sentenced to a mandatory minimum term of imprisonment of 5 years.

(4)(5) A person may not be prosecuted under this section for providing a link, access credential, or other information, in good faith, to a law enforcement agency, prosecuting authority, or authorized forensic examiner for the purpose of reporting suspected child sexual abuse material, cooperating with an Page 3320 of 8767 CODING:

hb1159-02-c2hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1159 2026 good faith, to a law enforcement agency, prosecuting authority, or authorized forensic examiner for the purpose of reporting suspected child pornography, cooperating with an investigation, preserving evidence, or seeking lawful removal of content.

(5)(4)(6)(4) This section shall not be construed to preclude prosecution of a person in this state or another jurisdiction 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.

(6)(5)(7)(5) A person is subject to prosecution in this state pursuant to chapter 910 for any act or conduct proscribed by this section, including a person in a jurisdiction other than this state, if the act or conduct violates subsection (4) (3).

(7)The Aprovisions court is not required to impose a mandatory minimum term of imprisonment for a violation of this section ifdo thenot courtapply makes the following written findings related to thesubscription- imagebased thattransmissions formssuch theas basislist ofservers. the violation:

(a)Section The8. child depicted in the image was 14 years of age or older at the time the image was created;

(b) The image was created with the depicted child's permission;

(c) The offender was not more than 4 years older than the depicted child at the time the image was created;

and (d) The offender did not transmit the image to any third party.

Page 34 of 87 CODING:

Words stricken are deletions;

words underlined are additions.

hb1159-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1159 2026 The provisions of this section do not apply to subscription- based transmissions such as list servers.

Section 18.

Section 847.0139, Florida Statutes, is amended to read:

847.0139 Immunity from civil liability for reporting child sexual abuse material pornography, transmission of child sexual abuse material pornography, or any image, information, or data harmful to minors to a minor in this state.—Any person who reports to a law enforcement officer what the person reasonably believes to be child sexual abuse material pornography, transmission of child sexual abuse material pornography, or any image, information, or data that is harmful to minors to a minor in this state may not be held civilly liable for such reporting.

For purposes of this section, such reporting may include furnishing the law enforcement officer with any image, information, or data that the person reasonably believes to be evidence of child sexual abuse material pornography, transmission of child sexual abuse material pornography, or an image, information, or data that is harmful to minors to a minor in this state.

Section 19.

Paragraph (g) of subsection (6) of section 903.011, Florida Statutes, is amended to read:

903.011 Pretrial release;

general terms;

statewide uniform bond schedule.— (6) A person may not be released before his or her first Page 35 of 87 CODING:

Words stricken are deletions;

words underlined are additions.

hb1159-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1159 2026 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.

903.046(2), if the person meets any of the following criteria:

(g) The person's current offense of arrest is for one or more of the following crimes:

1.

A capital felony, life felony, felony of the first degree, or felony of the second degree;

2.

A homicide under chapter 782;

or any attempt, solicitation, or conspiracy to commit a homicide;

3.

Assault in furtherance of a riot or an aggravated riot;

felony battery;

domestic battery by strangulation;

domestic violence, as defined in s.

741.28;

stalking;

mob intimidation;

assault or battery on a law enforcement officer;

assault or battery on juvenile probation officer, or other staff of a detention center or commitment facility, or a staff member of a commitment facility, or health services personnel;

assault or battery on a person 65 years of age or older;

robbery;

burglary;

carjacking;

or resisting an officer with violence;

4.

Kidnapping, false imprisonment, human trafficking, or human smuggling;

5.

Possession of a firearm or ammunition by a felon, violent career criminal, or person subject to an injunction against committing acts of domestic violence, stalking, or cyberstalking;

Page 36 of 87 CODING:

Words stricken are deletions;

words underlined are additions.

hb1159-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1159 2026 6.

Sexual battery;

indecent, lewd, or lascivious touching;

exposure of sexual organs;

incest;

luring or enticing a child;

or child sexual abuse material pornography;

7.

Abuse, neglect, or exploitation of an elderly person or disabled adult;

8.

Child abuse or aggravated child abuse;

9.

Arson;

riot, aggravated riot, inciting a riot, or aggravated inciting a riot;

or a burglary or theft during a riot;

10.

Escape;

tampering or retaliating against a witness, victim, or informant;

destruction of evidence;

or tampering with a jury;

11.

Any offense committed for the purpose of benefiting, promoting, or furthering the interests of a criminal gang;

12.

Trafficking in a controlled substance, including conspiracy to engage in trafficking in a controlled substance;

13.

Racketeering;

or 14.

Failure to appear at required court proceedings while on bail.

Section 20.

offense severity ranking chart.— (3) OFFENSE SEVERITY RANKING CHART (e) LEVEL 5 Florida Felony Description Page 3721 of 8767 CODING:

hb1159-02-c2hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1159 2026 Florida Felony Statute Degree Description 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop;

3rd Vessel accidents involving personal injuries other than Pageserious 38bodily ofinjury; 87 CODING:

leaving Page 22 of 67 CODING:

hb1159-02-c2hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1159 2026 seriousscene. bodily injury;

leaving scene.

Page 3923 of 8767 CODING:

hb1159-02-c2hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1159 2026 379.367(4) 3rd Willful molestation of a commercial harvester's spiny lobster trap, line, or buoy.

2nd Transacting insurance without a Pagecertificate 40or ofauthority; 87 CODING:

Page 24 of 67 CODING:

hb1159-02-c2hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1159 2026 certificatepremium collected $20,000 or authority;more but less than $100,000.

premium collected $20,000 or more but less than $100,000.

796.05(1) 2nd Live on earnings of a Page 4125 of 8767 CODING:

hb1159-02-c2hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1159 2026 796.05(1) 2nd Live on earnings of a prostitute;

Page812.014(2)(d)3. 42 of 87 CODING:

2nd Grand theft, 2nd degree;

theft Page 26 of 67 CODING:

hb1159-02-c2hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1159 2026 812.014(2)(d)3.from 20 or more dwellings or their unenclosed curtilage, or any combination.

2nd Grand theft, 2nd degree;

theft from 20 or more dwellings or their unenclosed curtilage, or any combination.

Page812.131(2)(b) 433rd ofRobbery 87by CODING:sudden snatching.

Page 27 of 67 CODING:

hb1159-02-c2hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1159 2026 812.131(2)(b)812.16(2) 3rd RobberyOwning, byoperating, suddenor snatching.conducting a chop shop.

812.16(2) 3rd Owning, operating, or conducting a chop shop.

value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification Page 4428 of 8767 CODING:

hb1159-02-c2hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1159 2026 personal identification information of 10 or more persons.

836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without Pageconsent. 45 of 87 CODING:

Page 29 of 67 CODING:

hb1159-02-c2hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1159 2026 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.

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.

847.0137 3rd2nd Transmission of pornography by (2)(2), (3) & (3)(4) 3rd electronic device or equipment.

847.0137 (2) & (3) 847.0138 3rd Transmission of material (2) & (3) harmful to minors to a minor by electronic device or equipment.

874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal Page 4630 of 8767 CODING:

hb1159-02-c2hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1159 2026 another to join a criminal gang;

893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or communityPage center.31 of 67 CODING:

Page 47 of 87 CODING:

hb1159-02-c2hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1159 2026 893.13(1)(d)1.community center.

893.13(1)(d)1.

drugs) within 1,000 feet of publicPage housing32 facility.of 67 CODING:

Page 48 of 87 CODING:

hb1159-02-c2hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1159 2026 893.13(4)(b)public 2ndhousing Usefacility. or hire of minor;

893.13(4)(b) 2nd Use or hire of minor;

2nd Vessel accidents involving seriousPage bodily33 injury;of 67 CODING:

leaving Page 49 of 87 CODING:

hb1159-02-c2hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1159 2026 scene.serious bodily injury;

leaving scene.

Page 5034 of 8767 CODING:

hb1159-02-c2hb1159-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1159 2026 784.021(1)(b) 3rd Aggravated assault;

Page 5135 of 8767 CODING: