Florida HB 245: Concealed Weapons and Firearms

Bill Text

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An act relating to child pornography terminology; 2
creating s. 847.0015, F.S.; providing legislative 3
intent; providing applicability; amending ss. 39.0138, 4
92.56, 92.561, 435.07, 456.074, 775.0847, 827.071, 5
827.072, 836.13, 836.14, 847.001, 847.002, 847.01357, 6
847.0139, 903.011, 948.06, 960.03, and 960.197, F.S.; 7
replacing the term "child pornography" with the term 8
"child sexual abuse material"; amending ss. 847.0137 9
and 921.0022, F.S.; replacing the terms "pornography" 10
and "child pornography" with the term "child sexual 11
abuse material"; providing an effective date. 12
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Be It Enacted by the Legislature of the State of Florida: 14
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Section 1. Section 847.0015, Florida Statutes, is created 16
to read: 17
847.0015 Intent; child sexual abuse material; 18
applicability.— 19
(1) It is the intent of the Legislature to change the term 20
"child pornography" to the term "child sexual abuse material" 21
throughout the Florida Statutes. Using the term "child sexual 22
abuse material" represents the nature of the sexually abusive 23
content, emphasizing that the child is a victim of such content. 24
Changing the term "child pornography" to "child sexual abuse 25

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CS/HB 245, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
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material" is not intended to change or alter in any other way 26
the definition of the term or the elements of any offense 27
relating to child pornography. 28
(2) Any prior judicial interpretation or finding from 29
state or federal case law relating to child pornography must be 30
applied in the same manner to any offense relating to child 31
sexual abuse material. 32
(3) This section applies to any law that uses the term 33
"child sexual abuse material," including in this chapter and 34
chapters 39, 92, 435, 456, 775, 827, 836, 903, 948, and 960. 35
Section 2. Paragraph (c) of subsection (3) of section 36
39.0138, Florida Statutes, is amended to read: 37
39.0138 Criminal history and other records checks; limit 38
on placement of a child.— 39
(3) The department may not place a child with a person 40
other than a parent if the criminal history records check 41
reveals that the person has been convicted of any felony that 42
falls within any of the following categories: 43
(c) Child sexual abuse material pornography or other 44
felony in which a child was a victim of the offense; or 45
Section 3. Subsection (3) of section 92.56, Florida 46
Statutes, is amended to read: 47
92.56 Judicial proceedings and court records involving 48
sexual offenses and human trafficking.— 49
(3) The state may use a pseudonym instead of the victim's 50

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name to designate the victim of a crime described in s. 51
787.06(3)(a)1., (c)1., or (e)1., in s. 787.06(3)(b), (d), (f), 52
or (g), or in chapter 794 or chapter 800, or of child abuse, 53
aggravated child abuse, or sexual performance by a child as 54
described in chapter 827, or any crime involving the production, 55
possession, or promotion of child sexual abuse material 56
pornography as described in chapter 847, in all court records 57
and records of court proceedings, both civil and criminal. 58
Section 4. Section 92.561, Florida Statutes, is amended to 59
read: 60
92.561 Prohibition on reproduction of child sexual abuse 61
material pornography.— 62
(1) In a criminal proceeding, any property or material 63
that portrays sexual performance by a child as defined in s. 64
827.071, constitutes generated child sexual abuse material 65
pornography as defined in s. 827.072, or constitutes child 66
sexual abuse material pornography as defined in s. 847.001, must 67
remain secured or locked in the care, custody, and control of a 68
law enforcement agency, the state attorney, or the court. 69
(2) Notwithstanding any law or rule of court, a court 70
shall deny, in a criminal proceeding, any request by the 71
defendant to copy, photograph, duplicate, or otherwise reproduce 72
any property or material that portrays sexual performance by a 73
child, constitutes generated child sexual abuse material 74
pornography, or constitutes child sexual abuse material 75

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CS/HB 245, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
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pornography so long as the state attorney makes the property or 76
material reasonably available to the defendant. 77
(3) For purposes of this section, p