Florida Senate - 2022 CS for SB 760
By the Committee on Criminal Justice; and Senator Berman
591-01938-22 2022760c1
1 A bill to be entitled
2 An act relating to human trafficking; amending s.
3 787.06, F.S.; revising the definition of the term
4 “coercion”; amending s. 796.07, F.S.; prohibiting
5 facilitating or enabling the receiving of persons in
6 any place, structure, building, or conveyance for the
7 purpose of prostitution, lewdness, or assignation, or
8 facilitating or enabling any person to remain there
9 for such purpose; providing that a person may not
10 procure, facilitate, or entice another to engage in
11 prostitution for specified purposes; providing
12 criminal penalties; providing increased criminal
13 penalties for specified prohibited acts relating to
14 prostitution, lewdness, or assignation; deleting
15 provisions relating to the reclassification of
16 penalties if a massage establishment is used for
17 lewdness, assignation, or prostitution; amending ss.
18 456.074, 480.041, and 943.0433, F.S.: conforming
19 provisions and cross-references to changes made by the
20 act; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Subsection (2) of section 787.06, Florida
25 Statutes, is amended to read:
26 787.06 Human trafficking.—
27 (2) As used in this section, the term:
28 (a) “Coercion” includes, but is not limited to means:
29 1. Using or threatening to use physical force against any
30 person;
31 2. Restraining, isolating, or confining, or threatening to
32 restrain, isolate, or confine, any person without lawful
33 authority and against her or his will;
34 3. Using lending or other credit methods to establish a
35 debt by any person when labor or services are pledged as a
36 security for the debt, if the value of the labor or services as
37 reasonably assessed is not applied toward the liquidation of the
38 debt, the length and nature of the labor or services are not
39 respectively limited and defined;
40 4. Destroying, concealing, removing, confiscating,
41 withholding, or possessing any actual or purported passport,
42 visa, or other immigration document, or any other actual or
43 purported government identification document, of any person;
44 5. Causing or threatening to cause financial harm to any
45 person or withholding income from a person which he or she
46 earned;
47 6. Enticing or luring any person by fraud or deceit; or
48 7. Providing a controlled substance as outlined in Schedule
49 I or Schedule II of s. 893.03, alcohol, or any other drug to any
50 person for the purpose of exploitation of that person.
51 (b) “Commercial sexual activity” means any violation of
52 chapter 796 or an attempt to commit any such offense, and
53 includes sexually explicit performances and the production of
54 pornography.
55 (c) “Financial harm” includes extortionate extension of
56 credit, loan sharking as defined in s. 687.071, or employment
57 contracts that violate the statute of frauds as provided in s.
58 725.01.
59 (d) “Human trafficking” means transporting, soliciting,
60 recruiting, harboring, providing, enticing, maintaining,
61 purchasing, patronizing, procuring, or obtaining another person
62 for the purpose of exploitation of that person.
63 (e) “Labor” means work of economic or financial value.
64 (f) “Maintain” means, in relation to labor or services, to
65 secure or make possible continued performance thereof,
66 regardless of any initial agreement on the part of the victim to
67 perform such type service.
68 (g) “Obtain” means, in relation to labor, commercial sexual
69 activity, or services, to receive, take possession of, or take
70 custody of another person or secure performance thereof.
71 (h) “Services” means any act committed at the behest of,
72 under the supervision of, or for the benefit of another. The
73 term includes, but is not limited to, forced marriage,
74 servitude, or the removal of organs.
75 (i) “Sexually explicit performance” means an act or show,
76 whether public or private, that is live, photographed, recorded,
77 or videotaped and intended to arouse or satisfy the sexual
78 desires or appeal to a the prurient interest.
79 (j) “Unauthorized alien” means an alien who is not
80 authorized under federal law to be employed in the United
81 States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall
82 be interpreted consistently with that section and any applicable
83 federal rules or regulations.
84 (k) “Venture” means any group of two or more individuals
85 associated in fact, whether or not a legal entity.
86 Section 2. Present subsections (5) and (6) of section
87 796.07, Florida Statutes, are redesignated as subsections (7)
88 and (8), respectively, new subsections (5) and (6) and
89 subsection (9) are added to that section, and subsections (2)
90 and (4) and present subsection (7) of that section are amended,
91 to read:
92 796.07 Prohibiting prostitution and related acts.—
93 (2) It is unlawful:
94 (a) To own, establish, maintain, or operate any place,
95 structure, building, or conveyance for the purpose of lewdness,
96 assignation, or prostitution.
97 (b) To offer, or to offer or agree to secure, another for
98 the purpose of prostitution or for any other lewd or indecent
99 act.
100 (c) To receive, or to offer or agree to receive, or
101 facilitate or enable the receiving of any person into any place,
102 structure, building, or conveyance for the purpose of
103 prostitution, lewdness, or assignation, or to facilitate,
104 enable, or permit any person to remain there for such purpose.
105 (d) To direct, take, or transport, or to offer or agree to
106 direct, take, or transport, any person to any place, structure,
107 or building, or to any other person, with knowledge or
108 reasonable cause to believe that the purpose of such directing,
109 taking, or transporting is prostitution, lewdness, or
110 assignation.
111 (e) For a person 18 years of age or older to offer to
112 commit, or to commit, or to engage in, prostitution, lewdness,
113 or assignation.
114 (f) To solicit, induce, entice, or procure another to
115 commit prostitution, lewdness, or assignation.
116 (g) To reside in, enter, or remain in, any place,
117 structure, or building, or to enter or remain in any conveyance,
118 for the purpose of prostitution, lewdness, or assignation.
119 (h) To aid, abet, or participate in any of the acts or
120 things enumerated in this subsection.
121 (i) To purchase the services of any person engaged in
122 prostitution.
123 (j) For a person to knowingly, or in reckless disregard of
124 the facts:
125 1. Engage in the soliciting, recruiting, harboring,
126 enticing, purchasing, or procuring of another person for the
127 purpose of prostitution; and
128 2. Benefit financially or receive anything of value, or
129 intend to benefit financially or receive anything of value, by
130 participating in such soliciting, recruiting, harboring,
131 enticing, purchasing, or procuring, of another person.
132 (4)(a) A person who violates any provision of this section,
133 other than paragraph (2)(a), paragraph (2)(d), paragraph (2)(f),
134 or paragraph (2)(j), paragraph (2)(f), commits:
135 1. A misdemeanor of the second degree for a first
136 violation, punishable as provided in s. 775.082 or s. 775.083.
137 2. A misdemeanor of the first degree for a second
138 violation, punishable as provided in s. 775.082 or s. 775.083.
139 3. A felony of the third degree for a third or subsequent
140 violation, punishable as provided in s. 775.082, s. 775.083, or
141 s. 775.084.
142 (b) A person who is charged with a third or subsequent
143 violation of this section, other than paragraph (2)(a),
144 paragraph (2)(d), paragraph (2)(f), or paragraph (2)(j),
145 paragraph (2)(f), shall be offered admission to a pretrial
146 intervention program or a substance abuse treatment program as
147 provided in s. 948.08.
148 (5) A person who violates paragraph (2)(a) commits a felony
149 of the second degree, punishable as provided in s. 775.082, s.
150 775.083, or s. 775.084.
151 (6)(a) A person who violates paragraph (2)(d) commits a
152 felony of the second degree for a first violation, punishable as
153 provided in s. 775.082, s. 775.083, or s. 775.084.
154 (b) A person who violates paragraph (2)(d) commits a felony
155 of the first degree for a second or subsequent violation,
156 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
157 (9) A person who violates paragraph (2)(j) commits a felony
158 of the second degree, punishable as provided in s. 775.082, s.
159 775.083, or s. 775.084.
160 (7) If the place, structure, building, or conveyance that
161 is owned, established, maintained, or operated in violation of
162 paragraph (2)(a) is a massage establishment that is or should be
163 licensed under s. 480.043, the offense shall be reclassified to
164 the next higher degree as follows:
165 (a) A misdemeanor of the second degree for a first
166 violation is reclassified as a misdemeanor of the first degree,
167 punishable as provided in s. 775.082 or s. 775.083.
168 (b) A misdemeanor of the first degree for a second
169 violation is reclassified as a felony of the third degree,
170 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
171 (c) A felony of the third degree for a third or subsequent
172 violation is reclassified as a felony of the second degree,
173 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
174 Section 3. Subsection (4) of section 456.074, Florida
175 Statutes, is amended to read:
176 456.074 Certain health care practitioners; immediate
177 suspension of license.—
178 (4) The department shall issue an emergency order
179 suspending the license of a massage therapist or establishment
180 as defined in chapter 480 upon receipt of information that the
181 massage therapist, a person with an ownership interest in the
182 establishment, or, for a corporation that has more than $250,000
183 of business assets in this state, the owner, officer, or
184 individual directly involved in the management of the
185 establishment has been convicted or found guilty of, or has
186 entered a plea of guilty or nolo contendere to, regardless of
187 adjudication, a violation of s. 796.07(2)(a) which is
188 reclassified under s. 796.07(7) or a felony offense under any of
189 the following provisions of state law or a similar provision in
190 another jurisdiction:
191 (a) Section 787.01, relating to kidnapping.
192 (b) Section 787.02, relating to false imprisonment.
193 (c) Section 787.025, relating to luring or enticing a
194 child.
195 (d) Section 787.06, relating to human trafficking.
196 (e) Section 787.07, relating to human smuggling.
197 (f) Section 794.011, relating to sexual battery.
198 (g) Section 794.08, relating to female genital mutilation.
199 (h) Former s. 796.03, relating to procuring a person under
200 the age of 18 for prostitution.
201 (i) Former s. 796.035, relating to the selling or buying of
202 minors into prostitution.
203 (j) Section 796.04, relating to forcing, compelling, or
204 coercing another to become a prostitute.
205 (k) Section 796.05, relating to deriving support from the
206 proceeds of prostitution.
207 (l) Section 796.07(4)(a)3., relating to a felony of the
208 third degree for a third or subsequent violation of s. 796.07,
209 relating to prohibiting prostitution and related acts.
210 (m) Section 800.04, relating to lewd or lascivious offenses
211 committed upon or in the presence of persons less than 16 years
212 of age.
213 (n) Section 825.1025(2)(b), relating to lewd or lascivious
214 offenses committed upon or in the presence of an elderly or
215 disabled person.
216 (o) Section 827.071, relating to sexual performance by a
217 child.
218 (p) Section 847.0133, relating to the protection of minors.
219 (q) Section 847.0135, relating to computer pornography.
220 (r) Section 847.0138, relating to the transmission of
221 material harmful to minors to a minor by electronic device or
222 equipment.
223 (s) Section 847.0145, relating to the selling or buying of
224 minors.
225 Section 4. Subsection (7) of section 480.041, Florida
226 Statutes, is amended to read:
227 480.041 Massage therapists; qualifications; licensure;
228 endorsement.—
229 (7) The board shall deny an application for a new or
230 renewal license if an applicant has been convicted or found
231 guilty of, or enters a plea of guilty or nolo contendere to,
232 regardless of adjudication, a violation of s. 796.07(2)(a) which
233 is reclassified under s. 796.07(7) or a felony offense under any
234 of the following provisions of state law or a similar provision
235 in another jurisdiction:
236 (a) Section 787.01, relating to kidnapping.
237 (b) Section 787.02, relating to false imprisonment.
238 (c) Section 787.025, relating to luring or enticing a
239 child.
240 (d) Section 787.06, relating to human trafficking.
241 (e) Section 787.07, relating to human smuggling.
242 (f) Section 794.011, relating to sexual battery.
243 (g) Section 794.08, relating to female genital mutilation.
244 (h) Former s. 796.03, relating to procuring a person under
245 the age of 18 for prostitution.
246 (i) Former s. 796.035, relating to the selling or buying of
247 minors into prostitution.
248 (j) Section 796.04, relating to forcing, compelling, or
249 coercing another to become a prostitute.
250 (k) Section 796.05, relating to deriving support from the
251 proceeds of prostitution.
252 (l) Section 796.07(4)(a)3., relating to a felony of the
253 third degree for a third or subsequent violation of s. 796.07,
254 relating to prohibiting prostitution and related acts.
255 (m) Section 800.04, relating to lewd or lascivious offenses
256 committed upon or in the presence of persons less than 16 years
257 of age.
258 (n) Section 825.1025(2)(b), relating to lewd or lascivious
259 offenses committed upon or in the presence of an elderly or
260 disabled person.
261 (o) Section 827.071, relating to sexual performance by a
262 child.
263 (p) Section 847.0133, relating to the protection of minors.
264 (q) Section 847.0135, relating to computer pornography.
265 (r) Section 847.0138, relating to the transmission of
266 material harmful to minors to a minor by electronic device or
267 equipment.
268 (s) Section 847.0145, relating to the selling or buying of
269 minors.
270 Section 5. Subsection (1) and paragraphs (a) and (b) of
271 subsection (2) of section 943.0433, Florida Statutes, are
272 amended to read:
273 943.0433 Soliciting for Prostitution Public Database.—
274 (1) The department shall create and administer the
275 Soliciting for Prostitution Public Database. The clerk of the
276 court shall forward to the department the criminal history
277 record of a person in accordance with s. 796.07(7)(e) s.
278 796.07(5)(e), and the department shall add the criminal history
279 record to the database.
280 (2)(a) The department shall automatically remove the
281 criminal history record of a person from the database if, after
282 5 years following the commission of an offense that meets the
283 criteria set forth in s. 796.07(7)(e) s. 796.07(5)(e), such
284 person has not subsequently committed a violation that meets
285 such criteria or any other offense within that time that would
286 constitute a sexual offense, including, but not limited to,
287 human trafficking, or an offense that would require registration
288 as a sexual offender.
289 (b) The department may not remove a criminal history record
290 from the database if a person commits a violation that meets the
291 criteria set forth in s. 796.07(7)(e) s. 796.07(5)(e) a second
292 or subsequent time.
293 Section 6. This act shall take effect October 1, 2022.