Florida Senate - 2015                                    SB 1106
       
       
        
       By Senator Flores
       
       
       
       
       
       37-00751A-15                                          20151106__
    1                        A bill to be entitled                      
    2         An act relating to human trafficking; amending s.
    3         796.07, F.S.; providing enhanced criminal penalties
    4         for soliciting another to commit prostitution and
    5         similar offenses; requiring persons convicted of such
    6         offenses to perform community service and pay for and
    7         attend an education program; requiring the court to
    8         impose minimum mandatory terms of incarceration for
    9         persons convicted two or more times of soliciting
   10         another to commit prostitution and similar offenses;
   11         providing for impoundment of a vehicle used in
   12         soliciting another to commit prostitution and similar
   13         offenses; providing an opportunity for owners to
   14         prevent the impoundment or immobilization in certain
   15         circumstances; amending s. 943.0583, F.S.; providing
   16         that a circuit court in the circuit in which the
   17         petitioner was arrested may expunge the criminal
   18         history record of a victim of human trafficking;
   19         requiring a judge to allow an advocate to be present
   20         with a human trafficking victim in an expunction
   21         hearing in certain circumstances; amending ss.
   22         456.074, 480.041, and 480.043, F.S.; conforming
   23         provisions to changes made by the act; providing an
   24         effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Section 796.07, Florida Statutes, is amended to
   29  read:
   30         796.07 Prohibiting prostitution and related acts.—
   31         (1) As used in this section:
   32         (a) “Prostitution” means the giving or receiving of the
   33  body for sexual activity for hire but excludes sexual activity
   34  between spouses.
   35         (b) “Lewdness” means any indecent or obscene act.
   36         (c) “Assignation” means the making of any appointment or
   37  engagement for prostitution or lewdness, or any act in
   38  furtherance of such appointment or engagement.
   39         (d) “Sexual activity” means oral, anal, or vaginal
   40  penetration by, or union with, the sexual organ of another; anal
   41  or vaginal penetration of another by any other object; or the
   42  handling or fondling of the sexual organ of another for the
   43  purpose of masturbation; however, the term does not include acts
   44  done for bona fide medical purposes.
   45         (2) It is unlawful:
   46         (a) To own, establish, maintain, or operate any place,
   47  structure, building, or conveyance for the purpose of lewdness,
   48  assignation, or prostitution.
   49         (b) To offer, or to offer or agree to secure, another for
   50  the purpose of prostitution or for any other lewd or indecent
   51  act.
   52         (c) To receive, or to offer or agree to receive, any person
   53  into any place, structure, building, or conveyance for the
   54  purpose of prostitution, lewdness, or assignation, or to permit
   55  any person to remain there for such purpose.
   56         (d) To direct, take, or transport, or to offer or agree to
   57  direct, take, or transport, any person to any place, structure,
   58  or building, or to any other person, with knowledge or
   59  reasonable cause to believe that the purpose of such directing,
   60  taking, or transporting is prostitution, lewdness, or
   61  assignation.
   62         (e) To offer to commit, or to commit, or to engage in,
   63  prostitution, lewdness, or assignation.
   64         (f) To solicit, induce, entice, or procure another to
   65  commit prostitution, lewdness, or assignation.
   66         (g) To reside in, enter, or remain in, any place,
   67  structure, or building, or to enter or remain in any conveyance,
   68  for the purpose of prostitution, lewdness, or assignation.
   69         (h) To aid, abet, or participate in any of the acts or
   70  things enumerated in this subsection.
   71         (i) To purchase the services of any person engaged in
   72  prostitution.
   73         (3)(a) In the trial of a person charged with a violation of
   74  this section, testimony concerning the reputation of any place,
   75  structure, building, or conveyance involved in the charge,
   76  testimony concerning the reputation of any person residing in,
   77  operating, or frequenting such place, structure, building, or
   78  conveyance, and testimony concerning the reputation of the
   79  defendant is admissible in evidence in support of the charge.
   80         (b) Notwithstanding any other provision of law, a police
   81  officer may testify as an offended party in an action regarding
   82  charges filed pursuant to this section.
   83         (4)(a) A person who violates any provision of this section,
   84  other than paragraph (2)(f), commits:
   85         1.(a) A misdemeanor of the second degree for a first
   86  violation, punishable as provided in s. 775.082 or s. 775.083.
   87         2.(b) A misdemeanor of the first degree for a second
   88  violation, punishable as provided in s. 775.082 or s. 775.083.
   89         3.(c) A felony of the third degree for a third or
   90  subsequent violation, punishable as provided in s. 775.082, s.
   91  775.083, or s. 775.084.
   92         (b)(5) A person who is charged with a third or subsequent
   93  violation of this section, other than paragraph (2)(f), shall be
   94  offered admission to a pretrial intervention program or a
   95  substance abuse treatment program as provided in s. 948.08.
   96         (5)(a) A person who violates paragraph (2)(f) commits:
   97         1. A misdemeanor of the first degree for a first violation,
   98  punishable as provided in s. 775.082 or s. 775.083.
   99         2. A felony of the third degree for a second violation,
  100  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  101         3. A felony of the second degree for a third or subsequent
  102  violation, punishable as provided in s. 775.082, s. 775.083, or
  103  s. 775.084.
  104         (b) In addition to any other penalty imposed, the court
  105  shall order a person convicted of a violation of paragraph
  106  (2)(f) to:
  107         1. Perform 100 hours of community service; and
  108         2. Pay for and attend an educational program about the
  109  negative effects of prostitution and human trafficking, such as
  110  a sexual violence prevention education program, if such program
  111  exists in the judicial circuit in which the offender is
  112  sentenced.
  113         (c) In addition to any other penalty imposed, the court
  114  shall sentence a person convicted of a second or subsequent
  115  violation of paragraph (2)(f) to a minimum mandatory period of
  116  incarceration of 10 days.
  117         (d)1. If a person who violates paragraph (2)(f) uses a
  118  vehicle in the course of the violation, the judge, upon the
  119  person’s conviction, may issue an order for the impoundment or
  120  immobilization of the vehicle for a period of up to 60 days. The
  121  order of impoundment or immobilization must include the names
  122  and telephone numbers of all immobilization agencies meeting all
  123  of the conditions of s. 316.193(13). Within 7 business days
  124  after the date that the court issues the order of impoundment or
  125  immobilization, the clerk of the court must send notice by
  126  certified mail, return receipt requested, to the registered
  127  owner of the vehicle, if the registered owner is a person other
  128  than the defendant, and to each person of record claiming a lien
  129  against the vehicle.
  130         2. The owner of the vehicle may request the court to
  131  dismiss the order. The court must dismiss the order, and the
  132  owner of the vehicle will incur no costs, if the owner of the
  133  vehicle alleges and the court finds to be true any of the
  134  following:
  135         a. The owner’s family has no other private or public means
  136  of transportation;
  137         b. The vehicle was stolen at the time of the offense;
  138         c. The owner purchased the vehicle after the offense was
  139  committed, and the sale was not made to circumvent the order and
  140  allow the defendant continued access to the vehicle; or
  141         d. The vehicle is owned by the defendant but is operated
  142  solely by employees of the defendant or employees of a business
  143  owned by the defendant.
  144         3. If the court denies the request to dismiss the order,
  145  the petitioner may request an evidentiary hearing. If, at the
  146  evidentiary hearing, the court finds to be true any of the
  147  circumstances described in sub-subparagraphs 2.a.-d., the court
  148  must dismiss the order and the owner of the vehicle will incur
  149  no costs.
  150         (6) A person who violates paragraph (2)(f) shall be
  151  assessed a civil penalty of $5,000 if the violation results in
  152  any judicial disposition other than acquittal or dismissal. Of
  153  the proceeds from each penalty assessed under this subsection,
  154  the first $500 shall be paid to the circuit court administrator
  155  for the sole purpose of paying the administrative costs of
  156  treatment-based drug court programs provided under s. 397.334.
  157  The remainder of the penalty assessed shall be deposited in the
  158  Operations and Maintenance Trust Fund of the Department of
  159  Children and Families for the sole purpose of funding safe
  160  houses and safe foster homes as provided in s. 409.1678.
  161         Section 2. Subsections (2) and (7) and paragraph (a) of
  162  subsection (8) of section 943.0583, Florida Statutes, are
  163  amended to read:
  164         943.0583 Human trafficking victim expunction.—
  165         (2) Notwithstanding any other provision of law, a circuit
  166  court in the circuit in which the petitioner was arrested the
  167  court of original jurisdiction over the crime sought to be
  168  expunged may order a criminal justice agency to expunge the
  169  criminal history record of a victim of human trafficking who
  170  complies with the requirements of this section. This section
  171  does not confer any right to the expunction of any criminal
  172  history record, and any request for expunction of a criminal
  173  history record may be denied at the discretion of the court.
  174         (7)(a) In judicial proceedings under this section, a copy
  175  of the completed petition to expunge shall be served upon the
  176  appropriate state attorney or the statewide prosecutor and upon
  177  the arresting agency; however, it is not necessary to make any
  178  agency other than the state a party. The appropriate state
  179  attorney or the statewide prosecutor and the arresting agency
  180  may respond to the court regarding the completed petition to
  181  expunge.
  182         (b) The petitioner or the petitioner’s attorney may appear
  183  at any hearing under this section telephonically, via video
  184  conference, or by other electronic means.
  185         (c) The court shall allow an advocate from a state
  186  attorney’s office, law enforcement agency, safe house, or safe
  187  foster home as defined in s. 409.1678(1), or a residential
  188  facility offering services to adult victims of human trafficking
  189  to be present with the petitioner during any court proceedings
  190  or hearings under this section, if the petitioner has made such
  191  a request and the advocate is able to be present.
  192         (d)(c) If relief is granted by the court, the clerk of the
  193  court shall certify copies of the order to the appropriate state
  194  attorney or the statewide prosecutor and the arresting agency.
  195  The arresting agency is responsible for forwarding the order to
  196  any other agency listed in the court order to which the
  197  arresting agency disseminated the criminal history record
  198  information to which the order pertains. The department shall
  199  forward the order to expunge to the Federal Bureau of
  200  Investigation. The clerk of the court shall certify a copy of
  201  the order to any other agency that the records of the court
  202  reflect has received the criminal history record from the court.
  203         (8)(a) Any criminal history record of a minor or an adult
  204  that is ordered expunged by the court of original jurisdiction
  205  over the charges sought to be expunged pursuant to this section
  206  must be physically destroyed or obliterated by any criminal
  207  justice agency having custody of such record, except that any
  208  criminal history record in the custody of the department must be
  209  retained in all cases.
  210         Section 3. Paragraph (l) of subsection (5) of section
  211  456.074, Florida Statutes, is amended to read:
  212         456.074 Certain health care practitioners; immediate
  213  suspension of license.—
  214         (5) The department shall issue an emergency order
  215  suspending the license of a massage therapist or establishment
  216  as defined in chapter 480 upon receipt of information that the
  217  massage therapist, a person with an ownership interest in the
  218  establishment, or, for a corporation that has more than $250,000
  219  of business assets in this state, the owner, officer, or
  220  individual directly involved in the management of the
  221  establishment has been convicted or found guilty of, or has
  222  entered a plea of guilty or nolo contendere to, regardless of
  223  adjudication, a felony offense under any of the following
  224  provisions of state law or a similar provision in another
  225  jurisdiction:
  226         (l) Section 796.07(4)(a)3. 796.07(4)(c), relating to a
  227  felony of the third degree for a third or subsequent violation
  228  of s. 796.07, relating to prohibiting prostitution and related
  229  acts.
  230         Section 4. Paragraph (l) of subsection (7) of section
  231  480.041, Florida Statutes, is amended to read:
  232         480.041 Massage therapists; qualifications; licensure;
  233  endorsement.—
  234         (7) The board shall deny an application for a new or
  235  renewal license if an applicant has been convicted or found
  236  guilty of, or enters a plea of guilty or nolo contendere to,
  237  regardless of adjudication, a felony offense under any of the
  238  following provisions of state law or a similar provision in
  239  another jurisdiction:
  240         (l) Section 796.07(4)(a)3. 796.07(4)(c), relating to a
  241  felony of the third degree for a third or subsequent violation
  242  of s. 796.07, relating to prohibiting prostitution and related
  243  acts.
  244         Section 5. Paragraph (l) of subsection (8) of section
  245  480.043, Florida Statutes, is amended to read:
  246         480.043 Massage establishments; requisites; licensure;
  247  inspection.—
  248         (8) The department shall deny an application for a new or
  249  renewal license if a person with an ownership interest in the
  250  establishment or, for a corporation that has more than $250,000
  251  of business assets in this state, the owner, officer, or
  252  individual directly involved in the management of the
  253  establishment has been convicted or found guilty of, or entered
  254  a plea of guilty or nolo contendere to, regardless of
  255  adjudication, a felony offense under any of the following
  256  provisions of state law or a similar provision in another
  257  jurisdiction:
  258         (l) Section 796.07(4)(a)3. 796.07(4)(c), relating to a
  259  felony of the third degree for a third or subsequent violation
  260  of s. 796.07, relating to prohibiting prostitution and related
  261  acts.
  262         Section 6. This act shall take effect October 1, 2015.