Florida SB 398: Relief of the Estate of Emilio Jesus Vizcaino-Aday by Miami-Dade County

Bill Text

398 
Child Pornography Terminology 
2025-12-10T09:43:59Z 
Replacing the terms “pornography” and “child pornography” with the term “child sexual abuse material”, etc. 
Committee Substitute 1 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
c1 

 Florida Senate - 2026 CS for SB 398 

 By the Committee on Criminal Justice; and Senator Leek 

 591-01744-26 2026398c1 
 1 A bill to be entitled 
 2 An act relating to child pornography terminology; 
 3 amending ss. 39.0138, 92.56, 92.561, 435.07, 456.074, 
 4 775.0847, 827.071, 827.072, 836.13, 836.14, 847.001, 
 5 847.002, 847.01357, 847.0139, 903.011, 948.06, 960.03, 
 6 and 960.197, F.S.; replacing the term “child 
 7 pornography” with the term “child sexual abuse 
 8 material”; amending ss. 847.0137 and 921.0022, F.S.; 
 9 replacing the terms “pornography” and “child 
 10 pornography” with the term “child sexual abuse 
 11 material”; providing an effective date. 
 12 
 13 Be It Enacted by the Legislature of the State of Florida: 
 14 
 15 Section 1. Subsection (3) of section 39.0138, Florida 
 16 Statutes, is amended to read: 
 17 39.0138 Criminal history and other records checks; limit on 
 18 placement of a child.— 
 19 (3) The department may not place a child with a person 
 20 other than a parent if the criminal history records check 
 21 reveals that the person has been convicted of any felony that 
 22 falls within any of the following categories: 
 23 (a) Child abuse, abandonment, or neglect; 
 24 (b) Domestic violence; 
 25 (c) Child sexual abuse material pornography or other felony 
 26 in which a child was a victim of the offense; or 
 27 (d) Homicide, sexual battery, or other felony involving 
 28 violence, other than felony assault or felony battery when an 
 29 adult was the victim of the assault or battery, or resisting 
 30 arrest with violence. 
 31 Section 2. Subsection (3) of section 92.56, Florida 
 32 Statutes, is amended to read: 
 33 92.56 Judicial proceedings and court records involving 
 34 sexual offenses and human trafficking.— 
 35 (3) The state may use a pseudonym instead of the victim’s 
 36 name to designate the victim of a crime described in s. 
 37 787.06(3)(a)1., (c)1., or (e)1., in s. 787.06(3)(b), (d), (f), 
 38 or (g), or in chapter 794 or chapter 800, or of child abuse, 
 39 aggravated child abuse, or sexual performance by a child as 
 40 described in chapter 827, or any crime involving the production, 
 41 possession, or promotion of child sexual abuse material 
 42 pornography as described in chapter 847, in all court records 
 43 and records of court proceedings, both civil and criminal. 
 44 Section 3. Section 92.561, Florida Statutes, is amended to 
 45 read: 
 46 92.561 Prohibition on reproduction of child sexual abuse 
 47 material pornography.— 
 48 (1) In a criminal proceeding, any property or material that 
 49 portrays sexual performance by a child as defined in s. 827.071, 
 50 constitutes generated child sexual abuse material pornography as 
 51 defined in s. 827.072, or constitutes child sexual abuse 
 52 material pornography as defined in s. 847.001, must remain 
 53 secured or locked in the care, custody, and control of a law 
 54 enforcement agency, the state attorney, or the court. 
 55 (2) Notwithstanding any law or rule of court, a court shall 
 56 deny, in a criminal proceeding, any request by the defendant to 
 57 copy, photograph, duplicate, or otherwise reproduce any property 
 58 or material that portrays sexual performance by a child, 
 59 constitutes generated child sexual abuse material pornography, 
 60 or constitutes child sexual abuse material pornography so long 
 61 as the state attorney makes the property or material reasonably 
 62 available to the defendant. 
 63 (3) For purposes of this section, property or material is 
 64 deemed to be reasonably available to the defendant if the state 
 65 attorney provides ample opportunity at a designated facility for 
 66 the inspection, viewing, and examination of the property or 
 67 material that portrays sexual performance by a child, 
 68 constitutes generated child sexual abuse material pornography, 
 69 or constitutes child sexual abuse material pornography by the 
 70 defendant, his or her attorney, or any individual whom the 
 71 defendant uses as an expert during the discovery process or at a 
 72 court proceeding. 
 73 Section 4. Paragraph (c) of subsection (4) of section 
 74 435.07, Florida Statutes, is amended to read: 
 75 435.07 Exemptions from disqualification.—Unless otherwise 
 76 provided by law, the provisions of this section apply to 
 77 exemptions from disqualification for disqualifying offenses 
 78 revealed pursuant to background screenings required under this 
 79 chapter, regardless of whether those disqualifying offenses are 
 80 listed in this chapter or other laws. 
 81 (4) 
 82 (c) Disqualification from employment under this chapter may 
 83 not be removed from, and an exemption may not be granted to, any 
 84 current