Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 760
       
       
       
       
       
       
                                Ì817232~Î817232                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/11/2022           .                                
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       The Committee on Criminal Justice (Berman) recommended the
       following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 83 - 325
    4  and insert:
    5         Section 2. Present subsections (5) and (6) of section
    6  796.07, Florida Statutes, are redesignated as subsections (7)
    7  and (8), respectively, new subsections (5) and (6) and
    8  subsection (9) are added to that section, and subsections (2),
    9  (4), and (7) of that section are amended, to read:
   10         796.07 Prohibiting prostitution and related acts.—
   11         (2) It is unlawful:
   12         (a) To own, establish, maintain, or operate any place,
   13  structure, building, or conveyance for the purpose of lewdness,
   14  assignation, or prostitution.
   15         (b) To offer, or to offer or agree to secure, another for
   16  the purpose of prostitution or for any other lewd or indecent
   17  act.
   18         (c) To receive, or to offer or agree to receive, or
   19  facilitate or enable the receiving of any person into any place,
   20  structure, building, or conveyance for the purpose of
   21  prostitution, lewdness, or assignation, or to facilitate,
   22  enable, or permit any person to remain there for such purpose.
   23         (d) To direct, take, or transport, or to offer or agree to
   24  direct, take, or transport, any person to any place, structure,
   25  or building, or to any other person, with knowledge or
   26  reasonable cause to believe that the purpose of such directing,
   27  taking, or transporting is prostitution, lewdness, or
   28  assignation.
   29         (e) For a person 18 years of age or older to offer to
   30  commit, or to commit, or to engage in, prostitution, lewdness,
   31  or assignation.
   32         (f) To solicit, induce, entice, or procure another to
   33  commit prostitution, lewdness, or assignation.
   34         (g) To reside in, enter, or remain in, any place,
   35  structure, or building, or to enter or remain in any conveyance,
   36  for the purpose of prostitution, lewdness, or assignation.
   37         (h) To aid, abet, or participate in any of the acts or
   38  things enumerated in this subsection.
   39         (i) To purchase the services of any person engaged in
   40  prostitution.
   41         (j) For a person to knowingly, or in reckless disregard of
   42  the facts:
   43         1. Engage in the soliciting, recruiting, harboring,
   44  enticing, purchasing, or procuring of another person for the
   45  purpose of prostitution; and
   46         2. Benefit financially or receive anything of value, or
   47  intend to benefit financially or receive anything of value, by
   48  participating in such soliciting, recruiting, harboring,
   49  enticing, purchasing, or procuring, of another person.
   50         (4)(a) A person who violates any provision of this section,
   51  other than paragraph (2)(a), paragraph (2)(d), paragraph (2)(f),
   52  or paragraph (2)(j), paragraph (2)(f), commits:
   53         1. A misdemeanor of the second degree for a first
   54  violation, punishable as provided in s. 775.082 or s. 775.083.
   55         2. A misdemeanor of the first degree for a second
   56  violation, punishable as provided in s. 775.082 or s. 775.083.
   57         3. A felony of the third degree for a third or subsequent
   58  violation, punishable as provided in s. 775.082, s. 775.083, or
   59  s. 775.084.
   60         (b) A person who is charged with a third or subsequent
   61  violation of this section, other than paragraph (2)(a),
   62  paragraph (2)(d), paragraph (2)(f), or paragraph (2)(j),
   63  paragraph (2)(f), shall be offered admission to a pretrial
   64  intervention program or a substance abuse treatment program as
   65  provided in s. 948.08.
   66         (5)A person who violates paragraph (2)(a) commits a felony
   67  of the second degree, punishable as provided in s. 775.082, s.
   68  775.083, or s. 775.084.
   69         (6)(a)A person who violates paragraph (2)(d) commits a
   70  felony of the second degree for a first violation, punishable as
   71  provided in s. 775.082, s. 775.083, or s. 775.084.
   72         (b)A person who violates paragraph (2)(d) commits a felony
   73  of the first degree for a second or subsequent violation,
   74  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   75         (9) A person who violates paragraph (2)(j) commits a felony
   76  of the second degree, punishable as provided in s. 775.082, s.
   77  775.083, or s. 775.084.
   78         (7) If the place, structure, building, or conveyance that
   79  is owned, established, maintained, or operated in violation of
   80  paragraph (2)(a) is a massage establishment that is or should be
   81  licensed under s. 480.043, the offense shall be reclassified to
   82  the next higher degree as follows:
   83         (a) A misdemeanor of the second degree for a first
   84  violation is reclassified as a misdemeanor of the first degree,
   85  punishable as provided in s. 775.082 or s. 775.083.
   86         (b) A misdemeanor of the first degree for a second
   87  violation is reclassified as a felony of the third degree,
   88  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   89         (c) A felony of the third degree for a third or subsequent
   90  violation is reclassified as a felony of the second degree,
   91  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   92         Section 3. Subsection (4) of section 456.074, Florida
   93  Statutes, is amended to read:
   94         456.074 Certain health care practitioners; immediate
   95  suspension of license.—
   96         (4) The department shall issue an emergency order
   97  suspending the license of a massage therapist or establishment
   98  as defined in chapter 480 upon receipt of information that the
   99  massage therapist, a person with an ownership interest in the
  100  establishment, or, for a corporation that has more than $250,000
  101  of business assets in this state, the owner, officer, or
  102  individual directly involved in the management of the
  103  establishment has been convicted or found guilty of, or has
  104  entered a plea of guilty or nolo contendere to, regardless of
  105  adjudication, a violation of s. 796.07(2)(a) which is
  106  reclassified under s. 796.07(7) or a felony offense under any of
  107  the following provisions of state law or a similar provision in
  108  another jurisdiction:
  109         (a) Section 787.01, relating to kidnapping.
  110         (b) Section 787.02, relating to false imprisonment.
  111         (c) Section 787.025, relating to luring or enticing a
  112  child.
  113         (d) Section 787.06, relating to human trafficking.
  114         (e) Section 787.07, relating to human smuggling.
  115         (f) Section 794.011, relating to sexual battery.
  116         (g) Section 794.08, relating to female genital mutilation.
  117         (h) Former s. 796.03, relating to procuring a person under
  118  the age of 18 for prostitution.
  119         (i) Former s. 796.035, relating to the selling or buying of
  120  minors into prostitution.
  121         (j) Section 796.04, relating to forcing, compelling, or
  122  coercing another to become a prostitute.
  123         (k) Section 796.05, relating to deriving support from the
  124  proceeds of prostitution.
  125         (l) Section 796.07(4)(a)3., relating to a felony of the
  126  third degree for a third or subsequent violation of s. 796.07,
  127  relating to prohibiting prostitution and related acts.
  128         (m) Section 800.04, relating to lewd or lascivious offenses
  129  committed upon or in the presence of persons less than 16 years
  130  of age.
  131         (n) Section 825.1025(2)(b), relating to lewd or lascivious
  132  offenses committed upon or in the presence of an elderly or
  133  disabled person.
  134         (o) Section 827.071, relating to sexual performance by a
  135  child.
  136         (p) Section 847.0133, relating to the protection of minors.
  137         (q) Section 847.0135, relating to computer pornography.
  138         (r) Section 847.0138, relating to the transmission of
  139  material harmful to minors to a minor by electronic device or
  140  equipment.
  141         (s) Section 847.0145, relating to the selling or buying of
  142  minors.
  143         Section 4. Subsection (7) of section 480.041, Florida
  144  Statutes, is amended to read:
  145         480.041 Massage therapists; qualifications; licensure;
  146  endorsement.—
  147         (7) The board shall deny an application for a new or
  148  renewal license if an applicant has been convicted or found
  149  guilty of, or enters a plea of guilty or nolo contendere to,
  150  regardless of adjudication, a violation of s. 796.07(2)(a) which
  151  is reclassified under s. 796.07(7) or a felony offense under any
  152  of the following provisions of state law or a similar provision
  153  in another jurisdiction:
  154         (a) Section 787.01, relating to kidnapping.
  155         (b) Section 787.02, relating to false imprisonment.
  156         (c) Section 787.025, relating to luring or enticing a
  157  child.
  158         (d) Section 787.06, relating to human trafficking.
  159         (e) Section 787.07, relating to human smuggling.
  160         (f) Section 794.011, relating to sexual battery.
  161         (g) Section 794.08, relating to female genital mutilation.
  162         (h) Former s. 796.03, relating to procuring a person under
  163  the age of 18 for prostitution.
  164         (i) Former s. 796.035, relating to the selling or buying of
  165  minors into prostitution.
  166         (j) Section 796.04, relating to forcing, compelling, or
  167  coercing another to become a prostitute.
  168         (k) Section 796.05, relating to deriving support from the
  169  proceeds of prostitution.
  170         (l) Section 796.07(4)(a)3., relating to a felony of the
  171  third degree for a third or subsequent violation of s. 796.07,
  172  relating to prohibiting prostitution and related acts.
  173         (m) Section 800.04, relating to lewd or lascivious offenses
  174  committed upon or in the presence of persons less than 16 years
  175  of age.
  176         (n) Section 825.1025(2)(b), relating to lewd or lascivious
  177  offenses committed upon or in the presence of an elderly or
  178  disabled person.
  179         (o) Section 827.071, relating to sexual performance by a
  180  child.
  181         (p) Section 847.0133, relating to the protection of minors.
  182         (q) Section 847.0135, relating to computer pornography.
  183         (r) Section 847.0138, relating to the transmission of
  184  material harmful to minors to a minor by electronic device or
  185  equipment.
  186         (s) Section 847.0145, relating to the selling or buying of
  187  minors.
  188         Section 5. Subsection (1) and paragraphs (a) and (b) of
  189  subsection (2) of section 943.0433, Florida Statutes, are
  190  amended to read:
  191         943.0433 Soliciting for Prostitution Public Database.—
  192         (1) The department shall create and administer the
  193  Soliciting for Prostitution Public Database. The clerk of the
  194  court shall forward to the department the criminal history
  195  record of a person in accordance with s. 796.07(7)(e) s.
  196  796.07(5)(e), and the department shall add the criminal history
  197  record to the database.
  198         (2)(a) The department shall automatically remove the
  199  criminal history record of a person from the database if, after
  200  5 years following the commission of an offense that meets the
  201  criteria set forth in s. 796.07(7)(e) s. 796.07(5)(e), such
  202  person has not subsequently committed a violation that meets
  203  such criteria or any other offense within that time that would
  204  constitute a sexual offense, including, but not limited to,
  205  human trafficking, or an offense that would require registration
  206  as a sexual offender.
  207         (b) The department may not remove a criminal history record
  208  from the database if a person commits a violation that meets the
  209  criteria set forth in s. 796.07(7)(e) s. 796.07(5)(e) a second
  210  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  211  And the directory clause is amended as follows:
  212         Delete lines 21 - 22
  213  and insert:
  214         Section 1. Subsection (2) of section 787.06, Florida
  215  Statutes, is amended to read:
  216  
  217  ================= T I T L E  A M E N D M E N T ================
  218  And the title is amended as follows:
  219         Delete lines 4 - 16
  220  and insert:
  221         "coercion"; amending s. 796.07, F.S.; prohibiting
  222         facilitating or enabling the receiving of persons in
  223         any place, structure, building, or conveyance for the
  224         purpose of prostitution, lewdness, or assignation, or
  225         facilitating or enabling any person to remain there
  226         for such purposes; providing a person may not procure,
  227         facilitate, or entice another to engage in
  228         prostitution for specified purposes; providing a
  229         criminal penalty; providing increased criminal
  230         penalties for specified prohibited acts relating to
  231         prostitution, lewdness, or assignation; deleting
  232         provisions relating to the reclassification of
  233         penalties if a massage establishment is used for
  234         lewdness, assignation, or prostitution; amending ss.
  235         456.074 and 480.041, F.S.: conforming provisions to
  236         changes made by the act; amending s. 943.0433, F.S.;
  237         conforming