Florida Senate - 2023                                     SB 166
       
       
        
       By Senator Berman
       
       
       
       
       
       26-00175A-23                                           2023166__
    1                        A bill to be entitled                      
    2         An act relating to human trafficking; amending s.
    3         787.06, F.S.; revising the definition of the term
    4         “coercion”; making technical changes; amending s.
    5         796.07, F.S.; prohibiting facilitating or enabling the
    6         receiving of persons into any place, structure,
    7         building, or conveyance for the purpose of
    8         prostitution, lewdness, or assignation; prohibiting
    9         facilitating or enabling any person to remain in such
   10         place, structure, building, or conveyance for such
   11         purpose; prohibiting knowingly engaging in specified
   12         activities for the purpose of prostitution and thereby
   13         benefitting financially or receiving anything of
   14         value; providing increased criminal penalties for
   15         specified prohibited acts relating to lewdness,
   16         assignation, or prostitution; providing criminal
   17         penalties; deleting provisions relating to the
   18         reclassification of penalties if a massage
   19         establishment is used for lewdness, assignation, or
   20         prostitution; amending ss. 456.074, 480.041, and
   21         943.0433, F.S.; conforming provisions and cross
   22         references to changes made by the act; providing an
   23         effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Subsection (2) of section 787.06, Florida
   28  Statutes, is amended to read:
   29         787.06 Human trafficking.—
   30         (2) As used in this section, the term:
   31         (a) “Coercion” includes, but is not limited to means:
   32         1. Using or threatening to use physical force against any
   33  person;
   34         2. Restraining, isolating, or confining, or threatening to
   35  restrain, isolate, or confine, any person without lawful
   36  authority and against her or his will;
   37         3. Using lending or other credit methods to establish a
   38  debt by any person when labor or services are pledged as a
   39  security for the debt, if the value of the labor or services as
   40  reasonably assessed is not applied toward the liquidation of the
   41  debt, the length and nature of the labor or services are not
   42  respectively limited and defined;
   43         4. Destroying, concealing, removing, confiscating,
   44  withholding, or possessing any actual or purported passport,
   45  visa, or other immigration document, or any other actual or
   46  purported government identification document, of any person;
   47         5. Causing or threatening to cause financial harm to any
   48  person or withholding income from a person which he or she
   49  earned or is entitled to;
   50         6. Enticing or luring any person by fraud or deceit; or
   51         7. Providing a controlled substance as outlined in Schedule
   52  I or Schedule II of s. 893.03, alcohol, or any other drug to any
   53  person for the purpose of exploitation of that person.
   54         (b) “Commercial sexual activity” means any violation of
   55  chapter 796 or an attempt to commit any such offense, and
   56  includes sexually explicit performances and the production of
   57  pornography.
   58         (c) “Financial harm” includes extortionate extension of
   59  credit, loan sharking as defined in s. 687.071, or employment
   60  contracts that violate the statute of frauds as provided in s.
   61  725.01.
   62         (d) “Human trafficking” means transporting, soliciting,
   63  recruiting, harboring, providing, enticing, maintaining,
   64  purchasing, patronizing, procuring, or obtaining another person
   65  for the purpose of exploitation of that person.
   66         (e) “Labor” means work of economic or financial value.
   67         (f) “Maintain” means, in relation to labor or services, to
   68  secure or make possible continued performance thereof,
   69  regardless of any initial agreement on the part of the victim to
   70  perform such type service.
   71         (g) “Obtain” means, in relation to labor, commercial sexual
   72  activity, or services, to receive, take possession of, or take
   73  custody of another person or secure performance thereof.
   74         (h) “Services” means any act committed at the behest of,
   75  under the supervision of, or for the benefit of another. The
   76  term includes, but is not limited to, forced marriage,
   77  servitude, or the removal of organs.
   78         (i) “Sexually explicit performance” means an act or a show,
   79  whether public or private, which that is live, photographed,
   80  recorded, or videotaped and intended to arouse or satisfy the
   81  sexual desires or appeal to a the prurient interest.
   82         (j) “Unauthorized alien” means an alien who is not
   83  authorized under federal law to be employed in the United
   84  States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall
   85  be interpreted consistently with that section and any applicable
   86  federal rules or regulations.
   87         (k) “Venture” means any group of two or more individuals
   88  associated in fact, whether or not a legal entity.
   89         Section 2. Present subsections (5) and (6) of section
   90  796.07, Florida Statutes, are redesignated as subsections (6)
   91  and (7), respectively, a new subsection (5) and subsection (8)
   92  are added to that section, and subsections (2) and (4) and
   93  present subsection (7) of that section are amended, to read:
   94         796.07 Prohibiting prostitution and related acts.—
   95         (2) It is unlawful:
   96         (a) To own, establish, maintain, or operate any place,
   97  structure, building, or conveyance for the purpose of lewdness,
   98  assignation, or prostitution.
   99         (b) To offer, or to offer or agree to secure, another for
  100  the purpose of prostitution or for any other lewd or indecent
  101  act.
  102         (c) To receive, or to offer or agree to receive, or to
  103  facilitate or enable the receiving of, any person into any
  104  place, structure, building, or conveyance for the purpose of
  105  prostitution, lewdness, or assignation, or to facilitate,
  106  enable, or permit any person to remain there for such purpose.
  107         (d) To direct, take, or transport, or to offer or agree to
  108  direct, take, or transport, any person to any place, structure,
  109  or building, or to any other person, with knowledge or
  110  reasonable cause to believe that the purpose of such directing,
  111  taking, or transporting is prostitution, lewdness, or
  112  assignation.
  113         (e) For a person 18 years of age or older to offer to
  114  commit, or to commit, or to engage in, prostitution, lewdness,
  115  or assignation.
  116         (f) To solicit, induce, entice, or procure another to
  117  commit prostitution, lewdness, or assignation.
  118         (g) To reside in, enter, or remain in, any place,
  119  structure, or building, or to enter or remain in any conveyance,
  120  for the purpose of prostitution, lewdness, or assignation.
  121         (h) To aid, abet, or participate in any of the acts or
  122  things enumerated in this subsection.
  123         (i) To purchase the services of any person engaged in
  124  prostitution.
  125         (j) To knowingly or in reckless disregard of the facts:
  126         1. Engage in the soliciting, recruiting, harboring,
  127  enticing, purchasing, or procuring of another person for the
  128  purpose of prostitution; and
  129         2. Benefit financially or receive anything of value, or
  130  intend to benefit financially or receive anything of value, by
  131  participating in such soliciting, recruiting, harboring,
  132  enticing, purchasing, or procuring of another person.
  133         (4)(a) A person who violates any provision of this section,
  134  other than paragraph (2)(a), paragraph (2)(f), or paragraph
  135  (2)(j), commits:
  136         1. A misdemeanor of the second degree for a first
  137  violation, punishable as provided in s. 775.082 or s. 775.083.
  138         2. A misdemeanor of the first degree for a second
  139  violation, punishable as provided in s. 775.082 or s. 775.083.
  140         3. A felony of the third degree for a third or subsequent
  141  violation, punishable as provided in s. 775.082, s. 775.083, or
  142  s. 775.084.
  143         (b) A person who is charged with a third or subsequent
  144  violation of this section, other than paragraph (2)(a),
  145  paragraph (2)(f), or paragraph (2)(j), shall be offered
  146  admission to a pretrial intervention program or a substance
  147  abuse treatment program as provided in s. 948.08.
  148         (5)(a)A person who violates paragraph (2)(a) commits a
  149  felony of the third degree for a first violation, punishable as
  150  provided in s. 775.082, s. 775.083, or s. 775.084.
  151         (b)A person who violates paragraph (2)(a) commits a felony
  152  of the second degree for a second or subsequent violation,
  153  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  154         (8)A person who violates paragraph (2)(j) commits a felony
  155  of the second degree, punishable as provided in s. 775.082, s.
  156  775.083, or s. 775.084.
  157         (7) If the place, structure, building, or conveyance that
  158  is owned, established, maintained, or operated in violation of
  159  paragraph (2)(a) is a massage establishment that is or should be
  160  licensed under s. 480.043, the offense shall be reclassified to
  161  the next higher degree as follows:
  162         (a) A misdemeanor of the second degree for a first
  163  violation is reclassified as a misdemeanor of the first degree,
  164  punishable as provided in s. 775.082 or s. 775.083.
  165         (b) A misdemeanor of the first degree for a second
  166  violation is reclassified as a felony of the third degree,
  167  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  168         (c) A felony of the third degree for a third or subsequent
  169  violation is reclassified as a felony of the second degree,
  170  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  171         Section 3. Subsection (4) of section 456.074, Florida
  172  Statutes, is amended to read:
  173         456.074 Certain health care practitioners; immediate
  174  suspension of license.—
  175         (4) The department shall issue an emergency order
  176  suspending the license of a massage therapist or establishment
  177  as defined in chapter 480 upon receipt of information that the
  178  massage therapist, a person with an ownership interest in the
  179  establishment, or, for a corporation that has more than $250,000
  180  of business assets in this state, the owner, officer, or
  181  individual directly involved in the management of the
  182  establishment has been convicted or found guilty of, or has
  183  entered a plea of guilty or nolo contendere to, regardless of
  184  adjudication, a violation of s. 796.07(2)(a) which is
  185  reclassified under s. 796.07(7) or a felony offense under any of
  186  the following provisions of state law or a similar provision in
  187  another jurisdiction:
  188         (a) Section 787.01, relating to kidnapping.
  189         (b) Section 787.02, relating to false imprisonment.
  190         (c) Section 787.025, relating to luring or enticing a
  191  child.
  192         (d) Section 787.06, relating to human trafficking.
  193         (e) Section 787.07, relating to human smuggling.
  194         (f) Section 794.011, relating to sexual battery.
  195         (g) Section 794.08, relating to female genital mutilation.
  196         (h) Former s. 796.03, relating to procuring a person under
  197  the age of 18 for prostitution.
  198         (i) Former s. 796.035, relating to the selling or buying of
  199  minors into prostitution.
  200         (j) Section 796.04, relating to forcing, compelling, or
  201  coercing another to become a prostitute.
  202         (k) Section 796.05, relating to deriving support from the
  203  proceeds of prostitution.
  204         (l) Section 796.07(4)(a)3., relating to a felony of the
  205  third degree for a third or subsequent violation of s. 796.07,
  206  relating to prohibiting prostitution and related acts.
  207         (m) Section 800.04, relating to lewd or lascivious offenses
  208  committed upon or in the presence of persons less than 16 years
  209  of age.
  210         (n) Section 825.1025(2)(b), relating to lewd or lascivious
  211  offenses committed upon or in the presence of an elderly or
  212  disabled person.
  213         (o) Section 827.071, relating to sexual performance by a
  214  child.
  215         (p) Section 847.0133, relating to the protection of minors.
  216         (q) Section 847.0135, relating to computer pornography.
  217         (r) Section 847.0138, relating to the transmission of
  218  material harmful to minors to a minor by electronic device or
  219  equipment.
  220         (s) Section 847.0145, relating to the selling or buying of
  221  minors.
  222         Section 4. Subsection (7) of section 480.041, Florida
  223  Statutes, is amended to read:
  224         480.041 Massage therapists; qualifications; licensure;
  225  endorsement.—
  226         (7) The board shall deny an application for a new or
  227  renewal license if an applicant has been convicted or found
  228  guilty of, or enters a plea of guilty or nolo contendere to,
  229  regardless of adjudication, a violation of s. 796.07(2)(a) which
  230  is reclassified under s. 796.07(7) or a felony offense under any
  231  of the following provisions of state law or a similar provision
  232  in another jurisdiction:
  233         (a) Section 787.01, relating to kidnapping.
  234         (b) Section 787.02, relating to false imprisonment.
  235         (c) Section 787.025, relating to luring or enticing a
  236  child.
  237         (d) Section 787.06, relating to human trafficking.
  238         (e) Section 787.07, relating to human smuggling.
  239         (f) Section 794.011, relating to sexual battery.
  240         (g) Section 794.08, relating to female genital mutilation.
  241         (h) Former s. 796.03, relating to procuring a person under
  242  the age of 18 for prostitution.
  243         (i) Former s. 796.035, relating to the selling or buying of
  244  minors into prostitution.
  245         (j) Section 796.04, relating to forcing, compelling, or
  246  coercing another to become a prostitute.
  247         (k) Section 796.05, relating to deriving support from the
  248  proceeds of prostitution.
  249         (l) Section 796.07(4)(a)3., relating to a felony of the
  250  third degree for a third or subsequent violation of s. 796.07,
  251  relating to prohibiting prostitution and related acts.
  252         (m) Section 800.04, relating to lewd or lascivious offenses
  253  committed upon or in the presence of persons less than 16 years
  254  of age.
  255         (n) Section 825.1025(2)(b), relating to lewd or lascivious
  256  offenses committed upon or in the presence of an elderly or
  257  disabled person.
  258         (o) Section 827.071, relating to sexual performance by a
  259  child.
  260         (p) Section 847.0133, relating to the protection of minors.
  261         (q) Section 847.0135, relating to computer pornography.
  262         (r) Section 847.0138, relating to the transmission of
  263  material harmful to minors to a minor by electronic device or
  264  equipment.
  265         (s) Section 847.0145, relating to the selling or buying of
  266  minors.
  267         Section 5. Subsection (1) and paragraphs (a) and (b) of
  268  subsection (2) of section 943.0433, Florida Statutes, are
  269  amended to read:
  270         943.0433 Soliciting for Prostitution Public Database.—
  271         (1) The department shall create and administer the
  272  Soliciting for Prostitution Public Database. The clerk of the
  273  court shall forward to the department the criminal history
  274  record of a person in accordance with s. 796.07(6)(e) s.
  275  796.07(5)(e), and the department shall add the criminal history
  276  record to the database.
  277         (2)(a) The department shall automatically remove the
  278  criminal history record of a person from the database if, after
  279  5 years following the commission of an offense that meets the
  280  criteria set forth in s. 796.07(6)(e) s. 796.07(5)(e), such
  281  person has not subsequently committed a violation that meets
  282  such criteria or any other offense within that time that would
  283  constitute a sexual offense, including, but not limited to,
  284  human trafficking, or an offense that would require registration
  285  as a sexual offender.
  286         (b) The department may not remove a criminal history record
  287  from the database if a person commits a violation that meets the
  288  criteria set forth in s. 796.07(6)(e) s. 796.07(5)(e) a second
  289  or subsequent time.
  290         Section 6. This act shall take effect October 1, 2023.