This bill amends various sections of Florida Statutes to replace the term "child pornography" with "child sexual abuse material," thereby modernizing the language used in legal references related to child exploitation. The amendments affect multiple statutes, including those concerning criminal history checks, civil actions for damages, and definitions of offenses. For instance, in section 39.0138, the terminology change is applied to criminal history checks for individuals seeking to care for children, while sections 847.001 and 847.002 are updated to ensure consistency across legal references. The bill also establishes that possession or promotion of child sexual abuse material is a felony, with defined penalties for various offenses.

Additionally, the bill introduces stricter penalties for the transmission of child sexual abuse material, categorizing it as a third-degree felony, and emphasizes protections for individuals who report suspected abuse to law enforcement. It outlines provisions for civil actions, including a minimum damage award of $150,000 for prevailing plaintiffs, and clarifies that ignorance of the victim or the abuse depicted is not a valid defense. The legislation also expands criteria for victim compensation to include psychological support for children affected by online exploitation. Overall, the bill aims to strengthen legal protections for children, enhance accountability for offenders, and ensure that those who report abuse are safeguarded from civil liability, with the new provisions set to take effect on 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
S 398 c1: 39.0138, 92.56, 92.561, 435.07, 456.074, 836.13, 836.14, 847.001, 847.002, 847.0139, 903.011, 948.06, 960.197