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:
25 509.098 Prohibition 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 1004.343 Statewide 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.