Florida Senate - 2022                             CS for SB 1852
       
       
        
       By the Committee on Regulated Industries; and Senator Bradley
       
       
       
       
       
       580-02821A-22                                         20221852c1
    1                        A bill to be entitled                      
    2         An act relating to the reduction of human trafficking;
    3         providing a short title; creating s. 509.098, F.S.;
    4         prohibiting an operator of a public lodging
    5         establishment from offering an hourly rate for an
    6         accommodation; amending s. 796.07, F.S.; increasing
    7         criminal penalties for soliciting or procuring another
    8         person to commit prostitution or other specified
    9         offenses or purchasing the services of a person
   10         engaged in prostitution; creating s. 1004.343, F.S.;
   11         creating the Statewide Data Repository for Anonymous
   12         Human Trafficking Data at the University of South
   13         Florida; providing purposes of the data repository;
   14         specifying duties of the university; designating
   15         required reporting entities; requiring specified
   16         information to be reported; providing timeframes for
   17         reporting; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. This act may be cited as the “Human Trafficking
   22  Reduction Act.”
   23         Section 2. Section 509.098, Florida Statutes, is created to
   24  read:
   25         509.098Prohibition of hourly rates.—An operator of a
   26  public lodging establishment may not offer an hourly rate for an
   27  accommodation.
   28         Section 3. Subsection (4) and paragraph (a) of subsection
   29  (5) of section 796.07, Florida Statutes, are amended, and
   30  paragraphs (f) and (i) of subsection (2) of that section are
   31  republished, to read:
   32         796.07 Prohibiting prostitution and related acts.—
   33         (2) It is unlawful:
   34         (f) To solicit, induce, entice, or procure another to
   35  commit prostitution, lewdness, or assignation.
   36         (i) To purchase the services of any person engaged in
   37  prostitution.
   38         (4)(a) A person who violates any provision of this section,
   39  other than paragraph (2)(f) or paragraph (2)(i), commits:
   40         1. A misdemeanor of the second degree for a first
   41  violation, punishable as provided in s. 775.082 or s. 775.083.
   42         2. A misdemeanor of the first degree for a second
   43  violation, punishable as provided in s. 775.082 or s. 775.083.
   44         3. A felony of the third degree for a third or subsequent
   45  violation, punishable as provided in s. 775.082, s. 775.083, or
   46  s. 775.084.
   47         (b) A person who is charged with a third or subsequent
   48  violation of this section, other than paragraph (2)(f) or
   49  paragraph (2)(i), shall be offered admission to a pretrial
   50  intervention program or a substance abuse treatment program as
   51  provided in s. 948.08.
   52         (5)(a) A person who violates paragraph (2)(f) or paragraph
   53  (2)(i) commits:
   54         1. A felony of the third misdemeanor of the first degree
   55  for a first violation, punishable as provided in s. 775.082, or
   56  s. 775.083, or s. 775.084.
   57         2. A felony of the second third degree for a second
   58  violation, punishable as provided in s. 775.082, s. 775.083, or
   59  s. 775.084.
   60         3. A felony of the first second degree for a third or
   61  subsequent violation, punishable as provided in s. 775.082, s.
   62  775.083, or s. 775.084.
   63         Section 4. Section 1004.343, Florida Statutes, is created
   64  to read:
   65         1004.343Statewide Data Repository for Anonymous Human
   66  Trafficking Data.—
   67         (1)There is created the Statewide Data Repository for
   68  Anonymous Human Trafficking Data. The repository shall be housed
   69  in and operated by the University of South Florida Trafficking
   70  in Persons - Risk to Resilience Lab.
   71         (a)The Statewide Data Repository for Anonymous Human
   72  Trafficking Data shall:
   73         1.Collect and analyze anonymous human trafficking data to
   74  identify trends in human trafficking in the state over time.
   75         2.Evaluate the effectiveness of various state-funded
   76  initiatives to combat human trafficking to enable the state to
   77  make evidence-based decisions in funding future initiatives.
   78         3.Disseminate relevant data to law enforcement agencies,
   79  state agencies, and other entities to assist in combating human
   80  trafficking and apprehending and prosecuting persons responsible
   81  for conducting human trafficking.
   82         4.Evaluate the effectiveness of interventions and services
   83  provided to assist human trafficking victims.
   84         (b)The University of South Florida Trafficking in Persons
   85  – Risk to Resilience Lab shall:
   86         1.Design, operate, maintain, and protect the integrity of
   87  the Statewide Data Repository for Anonymous Human Trafficking
   88  Data.
   89         2.Design, in consultation with the Department of Law
   90  Enforcement and other law enforcement partners, and launch a
   91  user-friendly system for efficiently reporting anonymous human
   92  trafficking data to the Statewide Data Repository for Anonymous
   93  Human Trafficking Data at no additional cost to reporting
   94  entities.
   95         3.Analyze anonymous human trafficking data to identify
   96  initiatives and interventions that are effective in combating
   97  human trafficking, apprehending and prosecuting persons
   98  responsible for conducting human trafficking, and assisting
   99  human trafficking victims.
  100         4.Work with law enforcement agencies and state agencies to
  101  report data on human trafficking investigations and prosecutions
  102  which can aid such agencies in combating human trafficking and
  103  apprehending and prosecuting persons responsible for conducting
  104  human trafficking.
  105         (2)(a)Except as provided in paragraph (b), the following
  106  agencies and entities shall report anonymous human trafficking
  107  data required under this section:
  108         1.Law enforcement agencies operating with state or local
  109  government tax proceeds, including, but not limited to,
  110  municipal police departments, county sheriffs, and state
  111  attorneys.
  112         2.The Department of Law Enforcement and any other state
  113  agency that holds data related to human trafficking.
  114         3.Service providers and other nongovernmental
  115  organizations that serve human trafficking victims and receive
  116  state or federal funding for such purpose.
  117         (b)A required reporting entity that submits the data
  118  required under subsection (3) to the Department of Law
  119  Enforcement’s Uniform Crime Report system or Florida Incident
  120  Based Reporting System may, but is not required to, submit any
  121  additional data to the Statewide Data Repository for Anonymous
  122  Human Trafficking Data. The Department of Law Enforcement shall
  123  report to the Statewide Data Repository for Anonymous Human
  124  Trafficking Data, at least quarterly, the data required under
  125  subsection (3) that has been reported by a required reporting
  126  entity to the department.
  127         (3)A required reporting entity shall submit the following
  128  data to the Statewide Data Repository for Anonymous Human
  129  Trafficking Data unless such entity is exempt from the reporting
  130  requirement under paragraph (2)(b):
  131         (a)The alleged human trafficking offense that was
  132  investigated or prosecuted and a description of the alleged
  133  prohibited conduct.
  134         (b)The age, gender, and race or ethnicity of each suspect
  135  or defendant and victim.
  136         (c)The date, time, and location of the alleged offense.
  137         (d)The type of human trafficking involved, whether for
  138  labor or services or commercial sexual activity.
  139         (e)Any other alleged offense related to the human
  140  trafficking offense that was investigated or prosecuted.
  141         (f)Information regarding any victim services organization
  142  or related program to which the victim was referred, if
  143  available.
  144         (g)The disposition of the investigation or prosecution,
  145  regardless of the manner of disposition.
  146         (4)(a)A required reporting entity located in a county with
  147  a population of more than 500,000 must begin reporting data
  148  required by this section to the Statewide Data Repository for
  149  Anonymous Human Trafficking Data, or to the Department of Law
  150  Enforcement as authorized under paragraph (2)(b), on or before
  151  July 1, 2023, and at least quarterly each year thereafter.
  152         (b)A required reporting entity located in a county with a
  153  population of 500,000 or fewer must begin reporting data
  154  required by this section to the Statewide Data Repository for
  155  Anonymous Human Trafficking Data, or to the Department of Law
  156  Enforcement as authorized under paragraph (2)(b), on or before
  157  July 1, 2024, and at least biannually each year thereafter.
  158         Section 5. This act shall take effect upon becoming a law.