Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 851, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
               Floor: 1a/RE/2R         .                                
             05/02/2019 02:04 PM       .                                

       Senator Book moved the following:
    1         Senate Amendment to Amendment (143836) 
    3         Delete lines 497 - 595
    4  and insert:
    5         Section 7. Effective January 1, 2021, subsection (5) of
    6  section 796.07, Florida Statutes, is amended, and subsection (2)
    7  of that section is republished, to read:
    8         796.07 Prohibiting prostitution and related acts.—
    9         (2) It is unlawful:
   10         (a) To own, establish, maintain, or operate any place,
   11  structure, building, or conveyance for the purpose of lewdness,
   12  assignation, or prostitution.
   13         (b) To offer, or to offer or agree to secure, another for
   14  the purpose of prostitution or for any other lewd or indecent
   15  act.
   16         (c) To receive, or to offer or agree to receive, any person
   17  into any place, structure, building, or conveyance for the
   18  purpose of prostitution, lewdness, or assignation, or to permit
   19  any person to remain there for such purpose.
   20         (d) To direct, take, or transport, or to offer or agree to
   21  direct, take, or transport, any person to any place, structure,
   22  or building, or to any other person, with knowledge or
   23  reasonable cause to believe that the purpose of such directing,
   24  taking, or transporting is prostitution, lewdness, or
   25  assignation.
   26         (e) For a person 18 years of age or older to offer to
   27  commit, or to commit, or to engage in, prostitution, lewdness,
   28  or assignation.
   29         (f) To solicit, induce, entice, or procure another to
   30  commit prostitution, lewdness, or assignation.
   31         (g) To reside in, enter, or remain in, any place,
   32  structure, or building, or to enter or remain in any conveyance,
   33  for the purpose of prostitution, lewdness, or assignation.
   34         (h) To aid, abet, or participate in any of the acts or
   35  things enumerated in this subsection.
   36         (i) To purchase the services of any person engaged in
   37  prostitution.
   38         (5)(a) A person who violates paragraph (2)(f) commits:
   39         1. A misdemeanor of the first degree for a first violation,
   40  punishable as provided in s. 775.082 or s. 775.083.
   41         2. A felony of the third degree for a second violation,
   42  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   43         3. A felony of the second degree for a third or subsequent
   44  violation, punishable as provided in s. 775.082, s. 775.083, or
   45  s. 775.084.
   46         (b) In addition to any other penalty imposed, the court
   47  shall order a person convicted of a violation of paragraph
   48  (2)(f) to:
   49         1. Perform 100 hours of community service; and
   50         2. Pay for and attend an educational program about the
   51  negative effects of prostitution and human trafficking, such as
   52  a sexual violence prevention education program, including such
   53  programs offered by faith-based providers, if such programs
   54  exist in the judicial circuit in which the offender is
   55  sentenced.
   56         (c) In addition to any other penalty imposed, the court
   57  shall sentence a person convicted of a second or subsequent
   58  violation of paragraph (2)(f) to a minimum mandatory period of
   59  incarceration of 10 days.
   60         (d)1. If a person who violates paragraph (2)(f) uses a
   61  vehicle in the course of the violation, the judge, upon the
   62  person’s conviction, may issue an order for the impoundment or
   63  immobilization of the vehicle for a period of up to 60 days. The
   64  order of impoundment or immobilization must include the names
   65  and telephone numbers of all immobilization agencies meeting all
   66  of the conditions of s. 316.193(13). Within 7 business days
   67  after the date that the court issues the order of impoundment or
   68  immobilization, the clerk of the court must send notice by
   69  certified mail, return receipt requested, to the registered
   70  owner of the vehicle, if the registered owner is a person other
   71  than the defendant, and to each person of record claiming a lien
   72  against the vehicle.
   73         2. The owner of the vehicle may request the court to
   74  dismiss the order. The court must dismiss the order, and the
   75  owner of the vehicle will incur no costs, if the owner of the
   76  vehicle alleges and the court finds to be true any of the
   77  following:
   78         a. The owner’s family has no other private or public means
   79  of transportation;
   80         b. The vehicle was stolen at the time of the offense;
   81         c. The owner purchased the vehicle after the offense was
   82  committed, and the sale was not made to circumvent the order and
   83  allow the defendant continued access to the vehicle; or
   84         d. The vehicle is owned by the defendant but is operated
   85  solely by employees of the defendant or employees of a business
   86  owned by the defendant.
   87         3. If the court denies the request to dismiss the order,
   88  the petitioner may request an evidentiary hearing. If, at the
   89  evidentiary hearing, the court finds to be true any of the
   90  circumstances described in sub-subparagraphs (d)2.a.-d., the
   91  court must dismiss the order and the owner of the vehicle will
   92  incur no costs.
   93         (e) The Soliciting for Prostitution Public Database created
   94  pursuant to s. 943.0433 must include the criminal history record
   95  of a person who is found guilty as a result of a trial or who
   96  enters a plea of guilty or nolo contendere, regardless of
   97  whether adjudication is withheld, of paragraph (2)(f), and there
   98  is evidence that such person provided a form of payment or
   99  arranged for the payment of such services. Upon conviction, the
  100  clerk of the court shall forward the criminal history record of
  101  the person to the Department of Law Enforcement, pursuant to s.
  102  943.052(2), for inclusion in the database.
  103         Section 8. Effective January 1, 2021, section 943.0433,