FL H7049

Repeals s. 827.071 (sexual performance by a child) from Chapter 827 (child abuse) and re-establishes it as s. 847.003 within a renamed Chapter 847, now titled "Obscenity; Child Exploitation," consolidating all child exploitation offenses into a single chapter

Substantially expands s. 847.0137 into a comprehensive child pornography statute covering possession, promotion, control, and intentional viewing of child pornography; possession of 3 or more visual depictions creates prima facie evidence of intent to promote (second-degree felony), while knowing possession, control, or intentional viewing is a third-degree felony with each depiction and each minor depicted constituting a separate offense

Creates s. 794.10 authorizing criminal justice agencies to issue investigative subpoenas in cases involving child sexual exploitation, with mandatory 180-day nondisclosure periods (extendable indefinitely in 180-day increments), contempt-of-court enforcement for noncompliance, and closed judicial review hearings to prevent unauthorized disclosure

Elevates misrepresentation of age while soliciting a child online under s. 847.0135 from a third-degree felony to a second-degree felony

Imposes mandatory sex offender supervision conditions for crimes committed on or after October 1, 2017 under s. 847.003 or s. 847.0137(2), including 10 p.m.–6 a.m. curfew, 1,000-foot residency restrictions from schools and child care facilities, sex offender treatment programs, Internet access restrictions, electronic monitoring, annual polygraph examinations, DNA submission, and warrantless search requirements

Adds s. 847.003 and s. 847.0137(2) to qualifying offenses for sexual predator designation under s. 775.21, dangerous sexual felony offender mandatory minimum sentences (25 or 50 years to life), prison releasee reoffender penalties, and racketeering activity definitions under s. 895.02

Updates child welfare and family law provisions to include the new statutory references, creating rebuttable presumptions of detriment for visitation and restricting grandparent visitation rights for persons convicted of offenses under s. 847.003, s. 847.0135, or s. 847.0137

Requires law enforcement recovering child pornography to request victim contact information from NCMEC's Child Victim Identification Program and mandates prosecutors enter case details into the Attorney General's Victims in Child Pornography Tracking Repeat Exploitation database

Expands wiretap authorization, statewide grand jury jurisdiction, and Office of Statewide Prosecution authority to cover offenses under the new and reorganized child exploitation statutes, particularly when facilitated by the Internet or occurring across two or more judicial circuits

Updates background screening, professional licensing disqualifications (including massage therapists and educators), victim compensation eligibility, evidence admissibility rules, and the $151 rape crisis center surcharge to incorporate the reorganized statutory references, ensuring no gaps in enforcement or victim protections during the transition