The bill amends various sections of Florida Statutes to replace the term "child pornography" with "child sexual abuse material," aiming to provide a more accurate description of the offenses and the harm inflicted on victims. This change is applied consistently across multiple legal contexts, including criminal history checks, judicial proceedings, and definitions of offenses. Specific sections, such as 39.0138, 92.56, 827.071, and 847.001, reflect this terminology update. The bill also outlines the implications of these changes for legal proceedings, emphasizing heightened scrutiny for possession or promotion of child sexual abuse material and reclassifying various offenses to reflect their severity.

Furthermore, the legislation establishes penalties for the transmission of child sexual abuse material, categorizing it as a third-degree felony, and ensures protections for individuals reporting suspected abuse. It mandates that individuals arrested for serious offenses related to child sexual abuse material undergo a bail determination by a judge. The bill also clarifies that ignorance of the victim or the abuse depicted is not a valid defense in civil actions, and it entitles prevailing plaintiffs in such cases to recover actual damages with a minimum award of $150,000. Overall, the bill seeks to strengthen protections for minors and enhance accountability for those involved in the distribution and possession of child sexual abuse material, with an effective date set for July 1, 2026.

Statutes affected:
S 398 Filed: 39.0138, 92.56, 92.561, 435.07, 456.074, 836.13, 836.14, 847.001, 847.002, 847.0139, 903.011, 948.06