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CS/CS/HB 465 — Human Trafficking

by Judiciary Committee; Criminal Justice Subcommittee; and Reps. Spano, Kerner, and others (CS/SB 1106 by Appropriations Committee and Senator Flores)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Criminal Justice Committee (CJ)

This bill amends s. 796.07, F.S., relating to prostitution, by enhancing the criminal penalties for a person who solicits, induces, entices, or procures another to commit prostitution, lewdness, or assignation as follows:

  • A first violation becomes a first degree misdemeanor (currently a second degree misdemeanor);
  • A second violation becomes a third degree felony (currently a first degree misdemeanor); and
  • A third or subsequent violation becomes a second degree felony (currently a third degree felony).

The bill requires such person to perform 100 hours of community service and to pay for and attend an educational program about the negative effects of prostitution and human trafficking, if one exists. The bill allows a judge to order the offender’s vehicle, if one is used in the offense, to be impounded or immobilized for up to 60 days (unless certain exceptions apply).

A person convicted of a second or subsequent solicitation violation under the bill is required to serve a minimum of 10 days in county jail.

The bill also amends s. 943.0583, F.S., relating to human trafficking victim expunction, to require the court to allow an advocate from the state attorney’s office, law enforcement agency, safe house or safe foster home, or residential facility offering services to adult human trafficking victims to be present with the victim/petitioner during any expunction court proceeding.

If approved by the Governor, these provisions take effect October 1, 2015.

Vote: Senate 38-0; House 113-0