Florida Senate - 2012                                    SB 1816
       
       
       
       By Senator Benacquisto
       
       
       
       
       27-00724B-12                                          20121816__
    1                        A bill to be entitled                      
    2         An act relating to protection of vulnerable persons;
    3         amending s. 39.01, F.S.; deleting the definition of
    4         the term “other person responsible for a child’s
    5         welfare”; conforming provisions; amending s. 39.201,
    6         F.S.; revising language concerning child abuse
    7         reporting; amending s. 39.205, F.S.; requiring
    8         specified educational institutions and their law
    9         enforcement agencies to report known or suspected
   10         child abuse, abandonment, or neglect in certain
   11         circumstances; providing financial penalties for
   12         violations; amending s. 39.302, F.S.; correcting a
   13         cross-reference; repealing s. 787.05, F.S., relating
   14         to unlawfully obtaining labor or services; amending s.
   15         787.06, F.S.; providing additional legislative
   16         findings and intent concerning human trafficking;
   17         providing definitions; revising the definition of the
   18         terms “forced labor or services” and “human
   19         trafficking”; prohibiting knowingly or in reckless
   20         disregard of the facts engaging in certain acts
   21         relating to human trafficking; providing criminal
   22         penalties; increasing the felony classification of
   23         certain human trafficking violations; providing that
   24         each instance of human trafficking of any individual
   25         is a separate crime for which a separate punishment is
   26         authorized; prohibiting knowingly or in reckless
   27         disregard of the facts engaging in human trafficking
   28         by the transfer or transport of any individual from
   29         outside the state to within the state or from one
   30         jurisdiction within the state to another; providing
   31         criminal penalties; prohibiting knowingly or in
   32         reckless disregard of the facts engaging in human
   33         trafficking in which any child under the age of 18 is
   34         involved; providing criminal penalties; prohibiting
   35         knowingly or in reckless disregard of the facts
   36         engaging in human trafficking in which any child under
   37         the age of 15 is involved; providing criminal
   38         penalties; prohibiting specified persons with custody
   39         or control of a minor from engaging in certain acts
   40         with knowledge that, as a consequence, the minor will
   41         engage in commercial sexual activity or forced labor
   42         or services; providing criminal penalties; providing
   43         that sexual history or history of commercial sexual
   44         activity of a person alleged to have been trafficked
   45         shall be excluded from evidence in certain
   46         circumstances; providing that a corporation may be
   47         prosecuted under this section for an act or omission
   48         constituting a crime under this section only in
   49         certain circumstances; providing additional duties for
   50         the Criminal Justice Standards and Training Commission
   51         concerning instruction in human trafficking; requiring
   52         the Department of Children and Family Services to
   53         develop guidelines for serving children who have been
   54         the victims of human trafficking; requiring a report
   55         by the department; amending s. 796.035, F.S.;
   56         substituting a reference to human trafficking for a
   57         reference to sex trafficking; creating s. 796.036,
   58         F.S.; providing for upward reclassification of certain
   59         prostitution offenses involving minors; repealing s.
   60         796.045, F.S., relating to sex trafficking; amending
   61         s. 796.07, F.S.; providing that a court may, in
   62         certain circumstances, vacate certain convictions on
   63         the ground that the defendant’s participation in the
   64         offense was a result of having been a victim of
   65         trafficking in violation of specified provisions;
   66         requiring due diligence for a motion for vacation of a
   67         conviction on that ground; requiring documentation of
   68         such trafficking; amending s. 932.701, F.S.; providing
   69         for forfeiture of real and personal property intended
   70         for use in the course of, derived from, or realized
   71         through specified human trafficking violations;
   72         amending s. 960.198, F.S.; providing for relocation
   73         assistance for certain victims of sexual violence;
   74         amending s. 921.0022, F.S.; ranking specified offenses
   75         for purposes of the offense severity ranking chart of
   76         the Criminal Punishment Code; amending ss. 90.404,
   77         772.102, 794.056, 895.02, and 938.085, F.S.;
   78         conforming cross-references; providing an effective
   79         date.
   80  
   81  Be It Enacted by the Legislature of the State of Florida:
   82  
   83         Section 1. Subsections (48) through (76) of section 39.01,
   84  Florida Statutes, are renumbered as subsections (47) through
   85  (75), respectively, and present subsections (10) and (47) of
   86  that section are amended to read:
   87         39.01 Definitions.—When used in this chapter, unless the
   88  context otherwise requires:
   89         (10) “Caregiver” means the parent, legal custodian,
   90  permanent guardian, adult household member, or other person
   91  responsible for a child’s welfare as defined in subsection (47).
   92         (47) “Other person responsible for a child’s welfare”
   93  includes the child’s legal guardian or foster parent; an
   94  employee of any school, public or private child day care center,
   95  residential home, institution, facility, or agency; a law
   96  enforcement officer employed in any facility, service, or
   97  program for children that is operated or contracted by the
   98  Department of Juvenile Justice; or any other person legally
   99  responsible for the child’s welfare in a residential setting;
  100  and also includes an adult sitter or relative entrusted with a
  101  child’s care. For the purpose of departmental investigative
  102  jurisdiction, this definition does not include the following
  103  persons when they are acting in an official capacity: law
  104  enforcement officers, except as otherwise provided in this
  105  subsection; employees of municipal or county detention
  106  facilities; or employees of the Department of Corrections.
  107         Section 2. Paragraph (a) of subsection (1) and paragraph
  108  (a) of subsection (2) of section 39.201, Florida Statutes, are
  109  amended to read:
  110         39.201 Mandatory reports of child abuse, abandonment, or
  111  neglect; mandatory reports of death; central abuse hotline.—
  112         (1)(a) Any person who knows, or has reasonable cause to
  113  suspect, that a child is abused, abandoned, or neglected by any
  114  person a parent, legal custodian, caregiver, or other person
  115  responsible for the child’s welfare, as defined in this chapter,
  116  or that a child is in need of supervision and care and has no
  117  parent, legal custodian, or responsible adult relative
  118  immediately known and available to provide supervision and care,
  119  shall report such knowledge or suspicion to the department in
  120  the manner prescribed in subsection (2).
  121         (2)(a) Each report of known or suspected child abuse,
  122  abandonment, or neglect by any person a parent, legal custodian,
  123  caregiver, or other person responsible for the child’s welfare
  124  as defined in this chapter, except those solely under s.
  125  827.04(3), and each report that a child is in need of
  126  supervision and care and has no parent, legal custodian, or
  127  responsible adult relative immediately known and available to
  128  provide supervision and care shall be made immediately to the
  129  department’s central abuse hotline. Such reports may be made on
  130  the single statewide toll-free telephone number or via fax or
  131  web-based report. Personnel at the department’s central abuse
  132  hotline shall determine if the report received meets the
  133  statutory definition of child abuse, abandonment, or neglect.
  134  Any report meeting one of these definitions shall be accepted
  135  for the protective investigation pursuant to part III of this
  136  chapter.
  137         Section 3. Subsections (3) through (6) of section 39.205,
  138  Florida Statutes, are renumbered as subsections (5) through (8),
  139  respectively, and new subsections (3) and (4) are added to that
  140  section to read:
  141         39.205 Penalties relating to reporting of child abuse,
  142  abandonment, or neglect.—
  143         (3) Any Florida College System institution, state
  144  university, or nonpublic college, university, or school, as
  145  defined in s. 1000.21 or s. 1005.02, whose administrators,
  146  faculty, or staff knowingly and willfully fail to report known
  147  or suspected child abuse, abandonment, or neglect committed on
  148  the property of the institution, university, college, or school,
  149  or during an event or function sponsored by the institution,
  150  university, college, or school, or who knowingly and willfully
  151  prevent another person from doing so, shall be subject to fines
  152  of $1 million for each such failure and the loss of all state
  153  funding, including the funds under the Florida Resident Access
  154  Grant Program, for a period of 2 years.
  155         (4) Any Florida College System institution, state
  156  university, or nonpublic college, university, or school, as
  157  defined in s. 1000.21 or s. 1005.02, whose law enforcement
  158  agency fails to transmit to prosecutorial authorities any report
  159  of known or suspected child abuse, abandonment, or neglect
  160  committed on the property of the institution, university,
  161  college, or school, or during an event or function sponsored by
  162  the institution, university, college, or school, shall be
  163  subject to fines of $1 million for each such failure and the
  164  loss of all state funding, including the funds under the Florida
  165  Resident Access Grant Program, for a period of 2 years.
  166         Section 4. Subsection (1) of section 39.302, Florida
  167  Statutes, is amended to read:
  168         39.302 Protective investigations of institutional child
  169  abuse, abandonment, or neglect.—
  170         (1) The department shall conduct a child protective
  171  investigation of each report of institutional child abuse,
  172  abandonment, or neglect. Upon receipt of a report that alleges
  173  that an employee or agent of the department, or any other entity
  174  or person covered by s. 39.01(33) or (47), acting in an official
  175  capacity, has committed an act of child abuse, abandonment, or
  176  neglect, the department shall initiate a child protective
  177  investigation within the timeframe established under s.
  178  39.201(5) and orally notify the appropriate state attorney, law
  179  enforcement agency, and licensing agency, which shall
  180  immediately conduct a joint investigation, unless independent
  181  investigations are more feasible. When conducting investigations
  182  onsite or having face-to-face interviews with the child,
  183  investigation visits shall be unannounced unless it is
  184  determined by the department or its agent that unannounced
  185  visits threaten the safety of the child. If a facility is exempt
  186  from licensing, the department shall inform the owner or
  187  operator of the facility of the report. Each agency conducting a
  188  joint investigation is entitled to full access to the
  189  information gathered by the department in the course of the
  190  investigation. A protective investigation must include an onsite
  191  visit of the child’s place of residence. The department shall
  192  make a full written report to the state attorney within 3
  193  working days after making the oral report. A criminal
  194  investigation shall be coordinated, whenever possible, with the
  195  child protective investigation of the department. Any interested
  196  person who has information regarding the offenses described in
  197  this subsection may forward a statement to the state attorney as
  198  to whether prosecution is warranted and appropriate. Within 15
  199  days after the completion of the investigation, the state
  200  attorney shall report the findings to the department and shall
  201  include in the report a determination of whether or not
  202  prosecution is justified and appropriate in view of the
  203  circumstances of the specific case.
  204         Section 5. Section 787.05, Florida Statutes, is repealed.
  205         Section 6. Section 787.06, Florida Statutes, is amended to
  206  read:
  207         787.06 Human trafficking.—
  208         (1)(a) The Legislature finds that human trafficking is a
  209  form of modern-day slavery. Victims of human trafficking are
  210  young children, teenagers, and adults. Thousands of victims are
  211  trafficked annually across international borders worldwide. Many
  212  of these victims are trafficked into this state. Also, many
  213  Florida youth are trafficked within the state. The Legislature
  214  finds that victims of human trafficking are subjected to force,
  215  fraud, or coercion for the purpose of sexual exploitation or
  216  forced labor.
  217         (b) The Legislature finds that while many victims of human
  218  trafficking are forced to work in prostitution or the sexual
  219  entertainment industry, trafficking also occurs in forms of
  220  labor exploitation, such as domestic servitude, restaurant work,
  221  janitorial work, sweatshop factory work, and migrant
  222  agricultural work.
  223         (c) The Legislature finds that traffickers use various
  224  techniques to instill fear in victims and to keep them enslaved.
  225  Some traffickers keep their victims under lock and key. However,
  226  the most frequently used practices are less obvious techniques
  227  that include isolating victims from the public and family
  228  members; confiscating passports, visas, or other identification
  229  documents; using or threatening to use violence toward victims
  230  or their families; telling victims that they will be imprisoned
  231  or deported for immigration violations if they contact
  232  authorities; and controlling the victims’ funds by holding the
  233  money ostensibly for safekeeping.
  234         (d) It is the intent of the Legislature that the
  235  perpetrators of human trafficking be penalized for their illegal
  236  conduct and that the victims of trafficking be protected and
  237  assisted by this state and its agencies. In furtherance of this
  238  policy, it is the intent of the Legislature that the state
  239  Supreme Court, The Florida Bar, and relevant state agencies
  240  prepare and implement training programs in order that judges,
  241  attorneys, law enforcement personnel, investigators, and others
  242  are able to identify traffickers and victims of human
  243  trafficking and direct victims to appropriate agencies for
  244  assistance. It is the intent of the Legislature that the
  245  Department of Children and Family Services and other state
  246  agencies cooperate with other state, local, and federal agencies
  247  to ensure that victims of human trafficking can access social
  248  services and benefits, including those made available to victims
  249  of sexual and domestic violence, to alleviate their plight.
  250         (e) The Legislature finds that sex trafficking is a large
  251  part of human trafficking and that children are often the
  252  victims of sex trafficking by becoming prostitutes. It is the
  253  intent of the Legislature to protect children from sexual
  254  exploitation. The Legislature finds that children are at an
  255  increased risk of being exploited because they are
  256  psychologically less developed than adults. Children may
  257  perceive the persons who exploit them for purposes of
  258  prostitution as protectors, parental surrogates, boyfriends, or
  259  girlfriends and they may be uncooperative with the attempts of
  260  law enforcement to prosecute these persons. It is the intent of
  261  the Legislature to provide liability for persons who benefit
  262  financially or receive anything of value knowing or in reckless
  263  disregard of the fact that children will be caused to engage in
  264  prostitution. It is the intent of the Legislature to prevent
  265  those persons from using more experienced prostitutes to recruit
  266  and manage new child prostitutes in order to distance themselves
  267  from overt criminal acts.
  268         (2) As used in this section, the term:
  269         (a) “Commercial sexual activity” means any violation of
  270  chapter 796 or any offense that is in violation of a law of any
  271  other jurisdiction if the elements of such offense are
  272  substantially similar to the elements of any offense contained
  273  in chapter 796, or an attempt to commit any such offense.
  274         (b)(a) “Financial harm” includes extortionate extension of
  275  credit, loan sharking as defined in s. 687.071, or employment
  276  contracts that violate the statute of frauds as provided in s.
  277  725.01.
  278         (c)(b) “Forced labor or services” means labor or services
  279  obtained from a person by:
  280         1. Using or threatening to use physical force against that
  281  person or another person;
  282         2. Restraining, isolating, or confining or threatening to
  283  restrain, isolate, or confine that person or another person
  284  without lawful authority and against her or his will;
  285         3. Using lending or other credit methods to establish a
  286  debt by that person or another person when labor or services are
  287  pledged as a security for the debt, if the value of the labor or
  288  services as reasonably assessed is not applied toward the
  289  liquidation of the debt, and the length and nature of the labor
  290  or services are not respectively limited and defined;
  291         4. Destroying, concealing, removing, confiscating,
  292  withholding, or possessing any actual or purported passport,
  293  visa, or other immigration document, or any other actual or
  294  purported government identification document, of that person or
  295  another person;
  296         5. Causing or threatening to cause financial harm to any
  297  person; or
  298         6. Enticing or luring any person by fraud, deceit, or
  299  coercion; or
  300         7. Providing a controlled substance as outlined in Schedule
  301  I or Schedule II of s. 893.03 to that person for the purpose of
  302  compelling that person to engage in labor or sexual servitude
  303  against her or his will.
  304         (d)(c) “Human trafficking” means transporting, soliciting,
  305  recruiting, harboring, providing, enticing, maintaining, or
  306  obtaining another person by means of the threat or use of force
  307  or other forms of coercion, abduction, fraud, deception, abuse
  308  of power or of a position of vulnerability, or the giving or
  309  receiving of payments or benefits to achieve the consent of a
  310  person having control over another person for the purpose of
  311  exploitation of that person for transport. Exploitation
  312  includes, but is not limited to, the exploitation of commercial
  313  sexual activity of others or other forms of sexual exploitation,
  314  forced labor or services, slavery, practices similar to slavery,
  315  forced marriage, servitude, or the removal of organs.
  316         (e) “Labor” means work of economic or financial value.
  317         (f)(d) “Maintain,means, when used in relation to labor
  318  services, means to secure or make possible continued performance
  319  thereof, regardless of any initial agreement on the part of the
  320  victim to perform such type service.
  321         (g) “Obtain” means, in relation to labor or services, to
  322  secure performance thereof.
  323         (h) “Services” means an ongoing relationship between a
  324  person and an actor in which the person performs activities
  325  under the supervision of or for the benefit of the actor.
  326  Commercial sexual activity, production of pornography, and
  327  sexually explicit performances are forms of services under this
  328  section.
  329         (i) “Sexually explicit performance” means a live or public
  330  act or show intended to arouse or satisfy the sexual desires or
  331  appeal to the prurient interests of patrons.
  332         (j) “Venture” means any group of two or more individuals
  333  associated in fact, whether or not a legal entity.
  334         (3) Any person who knowingly or in reckless disregard of
  335  the facts:
  336         (a) Engages, or attempts to engage, in human trafficking
  337  with the intent or knowledge that the trafficked person will be
  338  subjected to forced labor or services; or
  339         (b) Benefits financially by receiving anything of value
  340  from participation in a venture that has subjected a person to
  341  human trafficking forced labor or services;
  342  
  343  commits a felony of the first second degree, punishable as
  344  provided in s. 775.082, s. 775.083, or s. 775.084. For each
  345  instance of human trafficking of any individual, a separate
  346  crime is committed and a separate punishment is authorized.
  347         (4) Any person who knowingly or in reckless disregard of
  348  the facts engages in human trafficking and who does so by the
  349  transfer or transport of any individual from outside the state
  350  to within the state or from one jurisdiction within this state
  351  to another commits a felony of the first degree, punishable as
  352  provided in s. 775.082, s. 775.083, or s. 775.084. For each
  353  instance of human trafficking of any individual from outside
  354  this state to within the state or from one jurisdiction within
  355  this state to another, a separate crime is committed and a
  356  separate punishment is authorized.
  357         (5) Any person who knowingly or in reckless disregard of
  358  the facts engages in human trafficking in which a child under
  359  the age of 18 is involved commits a felony of the first degree,
  360  punishable by imprisonment for a term of years not exceeding
  361  life, or as provided in s. 775.082, s. 775.083, or s. 775.084.
  362  For each instance of human trafficking of a child under the age
  363  of 18, a separate crime is committed and a separate punishment
  364  is authorized. In a prosecution under this subsection in which
  365  the defendant had a reasonable opportunity to observe the person
  366  so recruited, enticed, harbored, transported, provided,
  367  obtained, or maintained, the state need not prove that the
  368  defendant knew that the person had not attained the age of 18
  369  years.
  370         (6) Any person who knowingly or in reckless disregard of
  371  the facts engages in human trafficking in which any child under
  372  the age of 15 is involved commits a life felony, punishable as
  373  provided in s. 775.082, s. 775.083, or s. 775.084. For each
  374  instance of human trafficking of a child under the age of 15, a
  375  separate crime is committed and a separate punishment is
  376  authorized. In a prosecution under this subsection in which the
  377  defendant had a reasonable opportunity to observe the person so
  378  recruited, enticed, harbored, transported, provided, obtained,
  379  or maintained, the state need not prove that the defendant knew
  380  that the person had not attained the age of 15 years.
  381         (7) Any parent, legal guardian, or other person having
  382  custody or control of a minor who sells or otherwise transfers
  383  custody or control of such minor, or offers to sell or otherwise
  384  transfer custody of such minor, with knowledge that, as a
  385  consequence of the sale or transfer, the minor will engage in
  386  commercial sexual activity or forced labor or services commits a
  387  life felony, punishable as provided in s. 775.082, s. 775.083,
  388  or s. 775.084.
  389         (8) The sexual history or history of commercial sexual
  390  activity of a person alleged to have been trafficked shall be
  391  excluded from evidence if the court finds at a hearing outside
  392  the presence of the jury that the probative value of the
  393  evidence is substantially outweighed by the danger of unfair
  394  prejudice, confusion of the issues, or misleading the jury.
  395         (9) A corporation may be prosecuted under this section for
  396  an act or omission constituting a crime under this section only
  397  if an agent of the corporation performs the conduct that is an
  398  element of the crime while acting within the scope of her or his
  399  office or employment and on behalf of the corporation and the
  400  commission of the crime was authorized, requested, commanded,
  401  performed, or within the scope of her or his employment on
  402  behalf of the corporation or constituted a pattern of illegal
  403  activity that an agent of the company knew or should have known
  404  was occurring.
  405         (10)(4) The Criminal Justice Standards and Training
  406  Commission shall establish standards for basic and advanced
  407  training programs for law enforcement officers in the subjects
  408  of investigating and preventing human trafficking crimes. After
  409  January 1, 2007, Every basic skills course required for law
  410  enforcement officers to obtain initial certification must
  411  include training on human trafficking crime prevention and
  412  investigation, as well as methods by which the victimization of
  413  children by human traffickers occurs. Every advanced training
  414  program on human trafficking must also include the methods by
  415  which victimization of children by human traffickers occurs.
  416         (11)(5) Each state attorney shall develop standards of
  417  instruction for prosecutors to receive training on the
  418  investigation and prosecution of human trafficking crimes and
  419  shall provide for periodic and timely instruction.
  420         (12) The Department of Children and Family Services shall
  421  develop guidelines for serving children who have been victims of
  422  human trafficking and shall produce a report to the President of
  423  the Senate and the Speaker of the House of Representatives
  424  detailing the department’s plan by June 1, 2013. At a minimum,
  425  the plan must include the following elements:
  426         (a) An assessment of need.—The department shall estimate
  427  the number of children who have been the victims of human
  428  trafficking and who are in need of services currently and over
  429  the next 5 years.
  430         (b) Residential services.—The department shall consider all
  431  options for treating children who have been victims of human
  432  trafficking and provide recommendations on the best options of
  433  care for these children and reunification with the child’s
  434  family, if appropriate.
  435         (c) Other services.—The department shall recommend specific
  436  service needs, including, but not limited to, assessment,
  437  security, crisis, and behavioral health services that are needed
  438  for children who have been victims of human trafficking.
  439         (d) Coordination.—The department shall consider and
  440  recommend partnership opportunities with law enforcement and
  441  other state and local governmental entities to best serve
  442  children who have been victims of human trafficking.
  443         Section 7. Section 796.035, Florida Statutes, is amended to
  444  read:
  445         796.035 Selling or buying of minors into human sex
  446  trafficking or prostitution; penalties.—Any parent, legal
  447  guardian, or other person having custody or control of a minor
  448  who sells or otherwise transfers custody or control of such
  449  minor, or offers to sell or otherwise transfer custody of such
  450  minor, with knowledge that, as a consequence of the sale or
  451  transfer, the minor will engage in prostitution, perform naked
  452  for compensation, or otherwise participate in the trade of human
  453  sex trafficking, commits a felony of the first degree,
  454  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  455         Section 8. Section 796.036, Florida Statutes, is created to
  456  read:
  457         796.036 Violations involving minors; reclassification.—
  458         (1) The felony or misdemeanor degree of any violation of
  459  this chapter, other than s. 796.03 or s. 796.035, in which a
  460  minor engages in prostitution, lewdness, assignation, sexual
  461  conduct, or other conduct as defined in or prohibited by this
  462  chapter, but the minor is not the person charged with the
  463  violation, is reclassified as provided in this section.
  464         (2) Offenses shall be reclassified as follows:
  465         (a) A misdemeanor of the second degree is reclassified to a
  466  misdemeanor of the first degree.
  467         (b) A misdemeanor of the first degree is reclassified to a
  468  felony of the third degree.
  469         (c) A felony of the third degree is reclassified to a
  470  felony of the second degree.
  471         (d) A felony of the second degree is reclassified to a
  472  felony of the first degree.
  473         (e) A felony of the first degree is reclassified to a life
  474  felony.
  475         Section 9. Section 796.045, Florida Statutes, is repealed.
  476         Section 10. Section 796.07, Florida Statutes, is amended to
  477  read:
  478         796.07 Prohibiting prostitution, etc.; evidence; penalties;
  479  definitions.—
  480         (1) As used in this section, the term:
  481         (a) “Prostitution” means the giving or receiving of the
  482  body for sexual activity for hire but excludes sexual activity
  483  between spouses.
  484         (b) “Lewdness” means any indecent or obscene act.
  485         (c) “Assignation” means the making of any appointment or
  486  engagement for prostitution or lewdness, or any act in
  487  furtherance of such appointment or engagement.
  488         (d) “Sexual activity” means oral, anal, or vaginal
  489  penetration by, or union with, the sexual organ of another; anal
  490  or vaginal penetration of another by any other object; or the
  491  handling or fondling of the sexual organ of another for the
  492  purpose of masturbation; however, the term does not include acts
  493  done for bona fide medical purposes.
  494         (2) It is unlawful:
  495         (a) To own, establish, maintain, or operate any place,
  496  structure, building, or conveyance for the purpose of lewdness,
  497  assignation, or prostitution.
  498         (b) To offer, or to offer or agree to secure, another for
  499  the purpose of prostitution or for any other lewd or indecent
  500  act.
  501         (c) To receive, or to offer or agree to receive, any person
  502  into any place, structure, building, or conveyance for the
  503  purpose of prostitution, lewdness, or assignation, or to permit
  504  any person to remain there for such purpose.
  505         (d) To direct, take, or transport, or to offer or agree to
  506  direct, take, or transport, any person to any place, structure,
  507  or building, or to any other person, with knowledge or
  508  reasonable cause to believe that the purpose of such directing,
  509  taking, or transporting is prostitution, lewdness, or
  510  assignation.
  511         (e) To offer to commit, or to commit, or to engage in,
  512  prostitution, lewdness, or assignation.
  513         (f) To solicit, induce, entice, or procure another to
  514  commit prostitution, lewdness, or assignation.
  515         (g) To reside in, enter, or remain in, any place,
  516  structure, or building, or to enter or remain in any conveyance,
  517  for the purpose of prostitution, lewdness, or assignation.
  518         (h) To aid, abet, or participate in any of the acts or
  519  things enumerated in this subsection.
  520         (i) To purchase the services of any person engaged in
  521  prostitution.
  522         (3)(a) In the trial of a person charged with a violation of
  523  this section, testimony concerning the reputation of any place,
  524  structure, building, or conveyance involved in the charge,
  525  testimony concerning the reputation of any person residing in,
  526  operating, or frequenting such place, structure, building, or
  527  conveyance, and testimony concerning the reputation of the
  528  defendant is admissible in evidence in support of the charge.
  529         (b) Notwithstanding any other provision of law, a police
  530  officer may testify as an offended party in an action regarding
  531  charges filed pursuant to this section.
  532         (4) A person who violates any provision of this section
  533  commits:
  534         (a) A misdemeanor of the second degree for a first
  535  violation, punishable as provided in s. 775.082 or s. 775.083.
  536         (b) A misdemeanor of the first degree for a second
  537  violation, punishable as provided in s. 775.082 or s. 775.083.
  538         (c) A felony of the third degree for a third or subsequent
  539  violation, punishable as provided in s. 775.082, s. 775.083, or
  540  s. 775.084.
  541         (5) A person who is charged with a third or subsequent
  542  violation of this section shall be offered admission to a
  543  pretrial intervention program or a substance-abuse treatment
  544  program as provided in s. 948.08.
  545         (6) In addition to the punishment provided in subsection
  546  (4), a person who violates paragraph (2)(f) shall be assessed a
  547  civil penalty of $500 if the violation results in any judicial
  548  disposition other than acquittal or dismissal. The proceeds from
  549  penalties assessed under this subsection shall be paid to the
  550  circuit court administrator for the sole purpose of paying the
  551  administrative costs of treatment-based drug court programs
  552  provided under s. 397.334.
  553         (7)(a) At any time after the entry of a judgment for a
  554  conviction where the arresting charge was under this section,
  555  the court in which it was entered may, upon motion of the
  556  defendant, with the consent of the state attorney, vacate such
  557  judgment upon the ground that the defendant’s participation in
  558  the offense was a result of having been a victim of trafficking
  559  under s. 787.06 or trafficking in persons under the federal
  560  Trafficking Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
  561         (b) A motion under this subsection must be made with due
  562  diligence, after the defendant has ceased to be a victim of such
  563  trafficking or has sought services for victims of such
  564  trafficking, subject to reasonable concerns for the safety of
  565  the defendant, family members of the defendant, or other victims
  566  of such trafficking who may be jeopardized by the bringing of
  567  such motion, or for other reasons consistent with the purpose of
  568  this subsection.
  569         (c) Official documentation of the defendant’s status as a
  570  victim of sex trafficking or trafficking in persons at the time
  571  of the offense from a federal, state, or local government law
  572  enforcement agency or prosecuting authority creates a
  573  presumption that the defendant’s participation in the offense
  574  was a result of having been a victim of sex trafficking or
  575  trafficking in persons, but is not required for granting a
  576  motion under this subsection.
  577         Section 11. Subsection (2) of section 932.701, Florida
  578  Statutes, is amended to read:
  579         932.701 Short title; definitions.—
  580         (2) As used in the Florida Contraband Forfeiture Act, the
  581  term:
  582         (a) “Contraband article” means:
  583         1. Any controlled substance as defined in chapter 893 or
  584  any substance, device, paraphernalia, or currency or other means
  585  of exchange that was used, was attempted to be used, or was
  586  intended to be used in violation of any provision of chapter
  587  893, if the totality of the facts presented by the state is
  588  clearly sufficient to meet the state’s burden of establishing
  589  probable cause to believe that a nexus exists between the
  590  article seized and the narcotics activity, whether or not the
  591  use of the contraband article can be traced to a specific
  592  narcotics transaction.
  593         2. Any gambling paraphernalia, lottery tickets, money,
  594  currency, or other means of exchange which was used, was
  595  attempted, or intended to be used in violation of the gambling
  596  laws of the state.
  597         3. Any equipment, liquid or solid, which was being used, is
  598  being used, was attempted to be used, or intended to be used in
  599  violation of the beverage or tobacco laws of the state.
  600         4. Any motor fuel upon which the motor fuel tax has not
  601  been paid as required by law.
  602         5. Any personal property, including, but not limited to,
  603  any vessel, aircraft, item, object, tool, substance, device,
  604  weapon, machine, vehicle of any kind, money, securities, books,
  605  records, research, negotiable instruments, or currency, which
  606  was used or was attempted to be used as an instrumentality in
  607  the commission of, or in aiding or abetting in the commission
  608  of, any felony, whether or not comprising an element of the
  609  felony, or which is acquired by proceeds obtained as a result of
  610  a violation of the Florida Contraband Forfeiture Act.
  611         6. Any real property, including any right, title,
  612  leasehold, or other interest in the whole of any lot or tract of
  613  land, which was used, is being used, or was attempted to be used
  614  as an instrumentality in the commission of, or in aiding or
  615  abetting in the commission of, any felony, or which is acquired
  616  by proceeds obtained as a result of a violation of the Florida
  617  Contraband Forfeiture Act.
  618         7. Any personal property, including, but not limited to,
  619  equipment, money, securities, books, records, research,
  620  negotiable instruments, currency, or any vessel, aircraft, item,
  621  object, tool, substance, device, weapon, machine, or vehicle of
  622  any kind in the possession of or belonging to any person who
  623  takes aquaculture products in violation of s. 812.014(2)(c).
  624         8. Any motor vehicle offered for sale in violation of s.
  625  320.28.
  626         9. Any motor vehicle used during the course of committing
  627  an offense in violation of s. 322.34(9)(a).
  628         10. Any photograph, film, or other recorded image,
  629  including an image recorded on videotape, a compact disc,
  630  digital tape, or fixed disk, that is recorded in violation of s.
  631  810.145 and is possessed for the purpose of amusement,
  632  entertainment, sexual arousal, gratification, or profit, or for
  633  the purpose of degrading or abusing another person.
  634         11. Any real property, including any right, title,
  635  leasehold, or other interest in the whole of any lot or tract of
  636  land, which is acquired by proceeds obtained as a result of
  637  Medicaid fraud under s. 409.920 or s. 409.9201; any personal
  638  property, including, but not limited to, equipment, money,
  639  securities, books, records, research, negotiable instruments, or
  640  currency; or any vessel, aircraft, item, object, tool,
  641  substance, device, weapon, machine, or vehicle of any kind in
  642  the possession of or belonging to any person which is acquired
  643  by proceeds obtained as a result of Medicaid fraud under s.
  644  409.920 or s. 409.9201.
  645         12. Any personal property, including, but not limited to,
  646  any vehicle, item, object, tool, device, weapon, machine, money,
  647  security, book, or record, that is used or attempted to be used
  648  as an instrumentality in the commission of, or in aiding and
  649  abetting in the commission of, a person’s third or subsequent
  650  violation of s. 509.144, whether or not comprising an element of
  651  the offense.
  652         13. All real and personal property of every kind used or
  653  intended for use in the course of, derived from, or realized
  654  through a violation of s. 787.06.
  655         (b) “Bona fide lienholder” means the holder of a lien
  656  perfected pursuant to applicable law.
  657         (c) “Promptly proceed” means to file the complaint within
  658  45 days after seizure.
  659         (d) “Complaint” means is a petition for forfeiture filed in
  660  the civil division of the circuit court by the seizing agency
  661  requesting the court to issue a judgment of forfeiture.
  662         (e) “Person entitled to notice” means any owner, entity,
  663  bona fide lienholder, or person in possession of the property
  664  subject to forfeiture when seized, who is known to the seizing
  665  agency after a diligent search and inquiry.
  666         (f) “Adversarial preliminary hearing” means a hearing in
  667  which the seizing agency is required to establish probable cause
  668  that the property subject to forfeiture was used in violation of
  669  the Florida Contraband Forfeiture Act.
  670         (g) “Forfeiture proceeding” means a hearing or trial in
  671  which the court or jury determines whether the subject property
  672  shall be forfeited.
  673         (h) “Claimant” means any party who has proprietary interest
  674  in property subject to forfeiture and has standing to challenge
  675  such forfeiture, including owners, registered owners, bona fide
  676  lienholders, and titleholders.
  677         Section 12. Section 960.198, Florida Statutes, is amended
  678  to read:
  679         960.198 Relocation assistance for victims of domestic
  680  violence or sexual violence.—
  681         (1) Notwithstanding the criteria set forth in s. 960.13 for
  682  crime victim compensation awards, the department may award a
  683  one-time payment of up to $1,500 on any one claim and a lifetime
  684  maximum of $3,000 to a victim of domestic violence who needs
  685  immediate assistance to escape from a domestic violence
  686  environment or to a victim of sexual violence who reasonably
  687  fears for her or his safety.
  688         (2) In order for an award to be granted to a victim for
  689  relocation assistance:
  690         (a) There must be proof that a domestic violence or sexual
  691  violence offense was committed;
  692         (b) The domestic violence or sexual violence offense must
  693  be reported to the proper authorities;
  694         (c) The victim’s need for assistance must be certified by a
  695  certified domestic violence center or a certified rape crisis
  696  center in this state; and
  697         (d) The center certification must assert that the victim is
  698  cooperating with law enforcement officials, if applicable, and
  699  must include documentation that the victim has developed a
  700  safety plan.
  701         Section 13. Paragraphs (i) and (j) of subsection (3) of
  702  section 921.0022, Florida Statutes, are amended to read:
  703         921.0022 Criminal Punishment Code; offense severity ranking
  704  chart.—
  705         (3) OFFENSE SEVERITY RANKING CHART
  706         (i) LEVEL 9
  707  FloridaStatute    FelonyDegree               Description                
  708  316.193 (3)(c)3.b.   1st   DUI manslaughter; failing to render aid or give information.
  709  327.35(3)(c)3.b.     1st   BUI manslaughter; failing to render aid or give information.
  710  409.920 (2)(b)1.c.   1st   Medicaid provider fraud; $50,000 or more. 
  711  499.0051(9)          1st   Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
  712  560.123(8)(b)3.      1st   Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
  713  560.125(5)(c)        1st   Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
  714  655.50(10)(b)3.      1st   Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
  715  775.0844             1st   Aggravated white collar crime.            
  716  782.04(1)            1st   Attempt, conspire, or solicit to commit premeditated murder.
  717  782.04(3)          1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
  718  782.051(1)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
  719  782.07(2)            1st   Aggravated manslaughter of an elderly person or disabled adult.
  720  787.01(1)(a)1.     1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
  721  787.01(1)(a)2.     1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
  722  787.01(1)(a)4.     1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
  723  787.02(3)(a)         1st   False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
  724  787.06(3)            1st   Human trafficking; benefitting financially from human trafficking.
  725  787.06(4)            1st   Human trafficking; transfer or transport into state.
  726  790.161              1st   Attempted capital destructive device offense.
  727  790.166(2)         1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
  728  794.011(2)           1st   Attempted sexual battery; victim less than 12 years of age.
  729  794.011(2)          Life   Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
  730  794.011(4)           1st   Sexual battery; victim 12 years or older, certain circumstances.
  731  794.011(8)(b)        1st   Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
  732  794.08(2)            1st   Female genital mutilation; victim younger than 18 years of age.
  733  800.04(5)(b)        Life   Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
  734  812.13(2)(a)       1st,PBL Robbery with firearm or other deadly weapon.
  735  812.133(2)(a)      1st,PBL Carjacking; firearm or other deadly weapon.
  736  812.135(2)(b)        1st   Home-invasion robbery with weapon.        
  737  817.568(7)         2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
  738  827.03(2)            1st   Aggravated child abuse.                   
  739  847.0145(1)          1st   Selling, or otherwise transferring custody or control, of a minor.
  740  847.0145(2)          1st   Purchasing, or otherwise obtaining custody or control, of a minor.
  741  859.01               1st   Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
  742  893.135              1st   Attempted capital trafficking offense.    
  743  893.135(1)(a)3.      1st   Trafficking in cannabis, more than 10,000 lbs.
  744  893.135 (1)(b)1.c.   1st   Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
  745  893.135 (1)(c)1.c.   1st   Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
  746  893.135 (1)(d)1.c.   1st   Trafficking in phencyclidine, more than 400 grams.
  747  893.135 (1)(e)1.c.   1st   Trafficking in methaqualone, more than 25 kilograms.
  748  893.135 (1)(f)1.c.   1st   Trafficking in amphetamine, more than 200 grams.
  749  893.135 (1)(h)1.c.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
  750  893.135 (1)(j)1.c.   1st   Trafficking in 1,4-Butanediol, 10 kilograms or more.
  751  893.135 (1)(k)2.c.   1st   Trafficking in Phenethylamines, 400 grams or more.
  752  896.101(5)(c)        1st   Money laundering, financial instruments totaling or exceeding $100,000.
  753  896.104(4)(a)3.      1st   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
  754         (j) LEVEL 10
  755  FloridaStatute  FelonyDegree                Description                 
  756  499.0051(10)       1st   Knowing sale or purchase of contraband prescription drugs resulting in death.
  757  782.04(2)        1st,PBL Unlawful killing of human; act is homicide, unpremeditated.
  758  787.01(1)(a)3.   1st,PBL Kidnapping; inflict bodily harm upon or terrorize victim.
  759  787.01(3)(a)      Life   Kidnapping; child under age 13, perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
  760  782.07(3)          1st   Aggravated manslaughter of a child.         
  761  787.06(5)        1st,PBL Human trafficking; minors.                  
  762  787.06(6)         Life   Human trafficking; child under 15.          
  763  787.06(7)         Life   Human trafficking; sale or transfer of minor.
  764  794.011(3)        Life   Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury.
  765  796.035            1st   Selling or buying minors; human trafficking or prostitution.
  766  812.135(2)(a)    1st,PBL Home-invasion robbery with firearm or other deadly weapon.
  767  876.32             1st   Treason against the state.                  
  768         Section 14. Paragraphs (b) and (c) of subsection (2) of
  769  section 90.404, Florida Statutes, are amended to read:
  770         90.404 Character evidence; when admissible.—
  771         (2) OTHER CRIMES, WRONGS, OR ACTS.—
  772         (b)1. In a criminal case in which the defendant is charged
  773  with a crime involving child molestation, evidence of the
  774  defendant’s commission of other crimes, wrongs, or acts of child
  775  molestation is admissible and may be considered for its bearing
  776  on any matter to which it is relevant.
  777         2. For the purposes of this paragraph, the term “child
  778  molestation” means conduct proscribed by s. 787.025(2)(c), s.
  779  787.06 only as it relates to commercial sexual activity, s.
  780  794.011, excluding s. 794.011(10), s. 794.05, s. 796.03, s.
  781  796.035, s. 796.045, s. 800.04, s. 827.071, s. 847.0135(5), s.
  782  847.0145, or s. 985.701(1) when committed against a person 16
  783  years of age or younger.
  784         (c)1. In a criminal case in which the defendant is charged
  785  with a sexual offense, evidence of the defendant’s commission of
  786  other crimes, wrongs, or acts involving a sexual offense is
  787  admissible and may be considered for its bearing on any matter
  788  to which it is relevant.
  789         2. For the purposes of this paragraph, the term “sexual
  790  offense” means conduct proscribed by s. 787.025(2)(c), s. 787.06
  791  only as it relates to commercial sexual activity, s. 794.011,
  792  excluding s. 794.011(10), s. 794.05, s. 796.03, s. 796.035, s.
  793  796.045, s. 825.1025(2)(b), s. 827.071, s. 847.0135(5), s.
  794  847.0145, or s. 985.701(1).
  795         Section 15. Paragraph (a) of subsection (1) of section
  796  772.102, Florida Statutes, is amended to read:
  797         772.102 Definitions.—As used in this chapter, the term:
  798         (1) “Criminal activity” means to commit, to attempt to
  799  commit, to conspire to commit, or to solicit, coerce, or
  800  intimidate another person to commit:
  801         (a) Any crime that is chargeable by indictment or
  802  information under the following provisions:
  803         1. Section 210.18, relating to evasion of payment of
  804  cigarette taxes.
  805         2. Section 414.39, relating to public assistance fraud.
  806         3. Section 440.105 or s. 440.106, relating to workers’
  807  compensation.
  808         4. Part IV of chapter 501, relating to telemarketing.
  809         5. Chapter 517, relating to securities transactions.
  810         6. Section 550.235 or s. 550.3551, relating to dogracing
  811  and horseracing.
  812         7. Chapter 550, relating to jai alai frontons.
  813         8. Chapter 552, relating to the manufacture, distribution,
  814  and use of explosives.
  815         9. Chapter 562, relating to beverage law enforcement.
  816         10. Section 624.401, relating to transacting insurance
  817  without a certificate of authority, s. 624.437(4)(c)1., relating
  818  to operating an unauthorized multiple-employer welfare
  819  arrangement, or s. 626.902(1)(b), relating to representing or
  820  aiding an unauthorized insurer.
  821         11. Chapter 687, relating to interest and usurious
  822  practices.
  823         12. Section 721.08, s. 721.09, or s. 721.13, relating to
  824  real estate timeshare plans.
  825         13. Chapter 782, relating to homicide.
  826         14. Chapter 784, relating to assault and battery.
  827         15. Chapter 787, relating to kidnapping or human
  828  trafficking.
  829         16. Chapter 790, relating to weapons and firearms.
  830         17. Section 796.03, s. 796.04, s. 796.045, s. 796.05, or s.
  831  796.07, relating to prostitution.
  832         18. Chapter 806, relating to arson.
  833         19. Section 810.02(2)(c), relating to specified burglary of
  834  a dwelling or structure.
  835         20. Chapter 812, relating to theft, robbery, and related
  836  crimes.
  837         21. Chapter 815, relating to computer-related crimes.
  838         22. Chapter 817, relating to fraudulent practices, false
  839  pretenses, fraud generally, and credit card crimes.
  840         23. Section 827.071, relating to commercial sexual
  841  exploitation of children.
  842         24. Chapter 831, relating to forgery and counterfeiting.
  843         25. Chapter 832, relating to issuance of worthless checks
  844  and drafts.
  845         26. Section 836.05, relating to extortion.
  846         27. Chapter 837, relating to perjury.
  847         28. Chapter 838, relating to bribery and misuse of public
  848  office.
  849         29. Chapter 843, relating to obstruction of justice.
  850         30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
  851  s. 847.07, relating to obscene literature and profanity.
  852         31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
  853  849.25, relating to gambling.
  854         32. Chapter 893, relating to drug abuse prevention and
  855  control.
  856         33. Section 914.22 or s. 914.23, relating to witnesses,
  857  victims, or informants.
  858         34. Section 918.12 or s. 918.13, relating to tampering with
  859  jurors and evidence.
  860         Section 16. Subsection (1) of section 794.056, Florida
  861  Statutes, is amended to read:
  862         794.056 Rape Crisis Program Trust Fund.—
  863         (1) The Rape Crisis Program Trust Fund is created within
  864  the Department of Health for the purpose of providing funds for
  865  rape crisis centers in this state. Trust fund moneys shall be
  866  used exclusively for the purpose of providing services for
  867  victims of sexual assault. Funds credited to the trust fund
  868  consist of those funds collected as an additional court
  869  assessment in each case in which a defendant pleads guilty or
  870  nolo contendere to, or is found guilty of, regardless of
  871  adjudication, an offense provided in s. 775.21(6) and (10)(a),
  872  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
  873  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
  874  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
  875  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
  876  s. 796.03; s. 796.035; s. 796.04; s. 796.045; s. 796.05; s.
  877  796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
  878  810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
  879  825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
  880  847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
  881  (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
  882  fund also shall include revenues provided by law, moneys
  883  appropriated by the Legislature, and grants from public or
  884  private entities.
  885         Section 17. Paragraph (a) of subsection (1) of section
  886  895.02, Florida Statutes, is amended to read:
  887         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
  888         (1) “Racketeering activity” means to commit, to attempt to
  889  commit, to conspire to commit, or to solicit, coerce, or
  890  intimidate another person to commit:
  891         (a) Any crime that is chargeable by petition, indictment,
  892  or information under the following provisions of the Florida
  893  Statutes:
  894         1. Section 210.18, relating to evasion of payment of
  895  cigarette taxes.
  896         2. Section 316.1935, relating to fleeing or attempting to
  897  elude a law enforcement officer and aggravated fleeing or
  898  eluding.
  899         3. Section 403.727(3)(b), relating to environmental
  900  control.
  901         4. Section 409.920 or s. 409.9201, relating to Medicaid
  902  fraud.
  903         5. Section 414.39, relating to public assistance fraud.
  904         6. Section 440.105 or s. 440.106, relating to workers’
  905  compensation.
  906         7. Section 443.071(4), relating to creation of a fictitious
  907  employer scheme to commit unemployment compensation fraud.
  908         8. Section 465.0161, relating to distribution of medicinal
  909  drugs without a permit as an Internet pharmacy.
  910         9. Section 499.0051, relating to crimes involving
  911  contraband and adulterated drugs.
  912         10. Part IV of chapter 501, relating to telemarketing.
  913         11. Chapter 517, relating to sale of securities and
  914  investor protection.
  915         12. Section 550.235 or s. 550.3551, relating to dogracing
  916  and horseracing.
  917         13. Chapter 550, relating to jai alai frontons.
  918         14. Section 551.109, relating to slot machine gaming.
  919         15. Chapter 552, relating to the manufacture, distribution,
  920  and use of explosives.
  921         16. Chapter 560, relating to money transmitters, if the
  922  violation is punishable as a felony.
  923         17. Chapter 562, relating to beverage law enforcement.
  924         18. Section 624.401, relating to transacting insurance
  925  without a certificate of authority, s. 624.437(4)(c)1., relating
  926  to operating an unauthorized multiple-employer welfare
  927  arrangement, or s. 626.902(1)(b), relating to representing or
  928  aiding an unauthorized insurer.
  929         19. Section 655.50, relating to reports of currency
  930  transactions, when such violation is punishable as a felony.
  931         20. Chapter 687, relating to interest and usurious
  932  practices.
  933         21. Section 721.08, s. 721.09, or s. 721.13, relating to
  934  real estate timeshare plans.
  935         22. Section 775.13(5)(b), relating to registration of
  936  persons found to have committed any offense for the purpose of
  937  benefiting, promoting, or furthering the interests of a criminal
  938  gang.
  939         23. Section 777.03, relating to commission of crimes by
  940  accessories after the fact.
  941         24. Chapter 782, relating to homicide.
  942         25. Chapter 784, relating to assault and battery.
  943         26. Chapter 787, relating to kidnapping or human
  944  trafficking.
  945         27. Chapter 790, relating to weapons and firearms.
  946         28. Chapter 794, relating to sexual battery, but only if
  947  such crime was committed with the intent to benefit, promote, or
  948  further the interests of a criminal gang, or for the purpose of
  949  increasing a criminal gang member’s own standing or position
  950  within a criminal gang.
  951         29. Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
  952  796.05, or s. 796.07, relating to prostitution and sex
  953  trafficking.
  954         30. Chapter 806, relating to arson and criminal mischief.
  955         31. Chapter 810, relating to burglary and trespass.
  956         32. Chapter 812, relating to theft, robbery, and related
  957  crimes.
  958         33. Chapter 815, relating to computer-related crimes.
  959         34. Chapter 817, relating to fraudulent practices, false
  960  pretenses, fraud generally, and credit card crimes.
  961         35. Chapter 825, relating to abuse, neglect, or
  962  exploitation of an elderly person or disabled adult.
  963         36. Section 827.071, relating to commercial sexual
  964  exploitation of children.
  965         37. Chapter 831, relating to forgery and counterfeiting.
  966         38. Chapter 832, relating to issuance of worthless checks
  967  and drafts.
  968         39. Section 836.05, relating to extortion.
  969         40. Chapter 837, relating to perjury.
  970         41. Chapter 838, relating to bribery and misuse of public
  971  office.
  972         42. Chapter 843, relating to obstruction of justice.
  973         43. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
  974  s. 847.07, relating to obscene literature and profanity.
  975         44. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
  976  849.25, relating to gambling.
  977         45. Chapter 874, relating to criminal gangs.
  978         46. Chapter 893, relating to drug abuse prevention and
  979  control.
  980         47. Chapter 896, relating to offenses related to financial
  981  transactions.
  982         48. Sections 914.22 and 914.23, relating to tampering with
  983  or harassing a witness, victim, or informant, and retaliation
  984  against a witness, victim, or informant.
  985         49. Sections 918.12 and 918.13, relating to tampering with
  986  jurors and evidence.
  987         Section 18. Section 938.085, Florida Statutes, is amended
  988  to read:
  989         938.085 Additional cost to fund rape crisis centers.—In
  990  addition to any sanction imposed when a person pleads guilty or
  991  nolo contendere to, or is found guilty of, regardless of
  992  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
  993  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
  994  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
  995  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
  996  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; s. 796.03;
  997  s. 796.035; s. 796.04; s. 796.045; s. 796.05; s. 796.06; s.
  998  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
  999  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
 1000  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
 1001  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
 1002  (14)(c); or s. 985.701(1), the court shall impose a surcharge of
 1003  $151. Payment of the surcharge shall be a condition of
 1004  probation, community control, or any other court-ordered
 1005  supervision. The sum of $150 of the surcharge shall be deposited
 1006  into the Rape Crisis Program Trust Fund established within the
 1007  Department of Health by chapter 2003-140, Laws of Florida. The
 1008  clerk of the court shall retain $1 of each surcharge that the
 1009  clerk of the court collects as a service charge of the clerk’s
 1010  office.
 1011         Section 19. This act shall take effect October 1, 2012.