Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1590
       
       
       
       
       
       
                                Ì854338>Î854338                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/30/2024           .                                
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       The Committee on Criminal Justice (Grall) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2         Delete everything after the enacting clause
    3  and insert:
    4         Section 1. Section 796.011, Florida Statutes, is created to
    5  read:
    6         796.011 Definitions.—As used in this chapter, the term:
    7         (1)“Adult” means an individual 18 years of age or older.
    8         (2)“Assignation” means the making of any appointment or
    9  engagement for prostitution or lewdness, or any act in
   10  furtherance of such appointment or engagement.
   11         (3)“Commercial sex” means engaging in sexual activity in
   12  exchange for something of value. The term includes prostitution
   13  and human trafficking.
   14         (4)“Female genitals” includes the labia minora, labia
   15  majora, clitoris, vulva, hymen, and vagina.
   16         (5)“Lewdness” means any indecent or obscene act.
   17         (6)“Prostitution” means voluntarily engaging in, agreeing
   18  to engage in, or offering to engage in commercial sex.
   19         (7)“Sexual activity” means oral, anal, or female genital
   20  penetration by, or union with, the sexual organ of another; anal
   21  or female genital penetration of another by any other object;
   22  the handling or fondling of the sexual organ of another for the
   23  purpose of masturbation. The term does not include acts done for
   24  bona fide medical purposes.
   25         Section 2. Section 796.031, Florida Statutes, is created to
   26  read:
   27         796.031 Prostitution, lewdness, and assignation prohibited;
   28  penalties.—
   29         (1)It is unlawful for an adult to offer to commit, to
   30  commit, or to engage in prostitution, lewdness, or assignation.
   31         (2)In the trial of a person charged with a violation of
   32  this section, testimony concerning the reputation of any place,
   33  structure, building, or conveyance involved in the charge;
   34  testimony concerning the reputation of any person residing in,
   35  operating, or frequenting such place, structure, building or
   36  conveyance; and testimony concerning the reputation of the
   37  defendant is admissible in evidence in support of the charge.
   38         (3)(a)A person who violates this section commits a
   39  misdemeanor of the second degree, punishable as provided in s.
   40  775.082 or s. 775.083.
   41         (b)In addition to any other penalty imposed, the court
   42  shall order a person sentenced for a violation of this section
   43  to attend an educational program about the negative effects of
   44  commercial sex. The educational program may be offered by a
   45  secular or faith-based provider.
   46         (c)A judicial circuit may establish an educational program
   47  for persons convicted of or charged with a violation of this
   48  section, to include education on:
   49         1.The relationship between demand for commercial sex and
   50  human trafficking;
   51         2.The impact of human trafficking on victims;
   52         3.Coercion, consent, and sexual violence;
   53         4.The health and legal consequences of commercial sex;
   54         5.The negative impact of commercial sex on prostituted
   55  persons and the community; and
   56         6.The reasons and motivations for engaging in
   57  prostitution.
   58         Section 3. Section 796.04, Florida Statutes, is repealed.
   59         Section 4. Section 796.06, Florida Statutes, is amended to
   60  read:
   61         796.06 Maintaining Renting space to be used for commercial
   62  sex lewdness, assignation, or prostitution.—
   63         (1) It is unlawful to:
   64         (a)Own, establish, maintain, operate, use, let, or rent a
   65  building, residence, any place, or structure, in whole or in or
   66  part thereof, or a trailer or any other conveyance, with the
   67  knowledge or reckless disregard that it will be used for the
   68  purpose of commercial sex lewdness, assignation, or
   69  prostitution.
   70         (b)Receive, or to offer or agree to receive, a person into
   71  a building, residence, place, or structure, or a trailer or any
   72  other conveyance, for the purpose of commercial sexual activity
   73  or to allow a person to remain there for such purpose.
   74         (2) A person who violates this section commits:
   75         (a) A felony misdemeanor of the third first degree for a
   76  first violation, punishable as provided in s. 775.082 or s.
   77  775.083.
   78         (b) A felony of the second third degree for a second or
   79  subsequent violation, punishable as provided in s. 775.082, s.
   80  775.083, or s. 775.084.
   81         (3)In the trial of a person charged with a violation of
   82  this section, testimony concerning the reputation of any place,
   83  structure, building, or conveyance involved in the charge;
   84  testimony concerning the reputation of any person residing in,
   85  operating, or frequenting such place, structure, building, or
   86  conveyance; and testimony concerning the reputation of the
   87  defendant is admissible in evidence in support of the charge.
   88         (4)If such building, residence, place, structure, or
   89  trailer or any other conveyance that is owned, established,
   90  maintained, or operated is a massage establishment that is or
   91  should be licensed under s. 480.043, the offense must be
   92  reclassified to the next higher degree as follows:
   93         (a)A felony of the third degree is reclassified as a
   94  felony of the second degree, punishable as provided in s.
   95  775.082, s. 775.083, or s. 775.084.
   96         (b)A felony of the second degree is reclassified as a
   97  felony of the first degree, punishable as provided in s.
   98  775.082, s. 775.083, or s. 775.084.
   99         (c)A felony of the first degree is reclassified as a
  100  felony of the first degree punishable by life in prison,
  101  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  102         Section 5. Section 796.07, Florida Statutes, is amended to
  103  read:
  104         796.07 Prohibiting prostitution and related acts.—
  105         (1) As used in this section:
  106         (a) “Assignation” means the making of any appointment or
  107  engagement for prostitution or lewdness, or any act in
  108  furtherance of such appointment or engagement.
  109         (b) “Female genitals” includes the labia minora, labia
  110  majora, clitoris, vulva, hymen, and vagina.
  111         (c) “Lewdness” means any indecent or obscene act.
  112         (d) “Prostitution” means the giving or receiving of the
  113  body for sexual activity for hire but excludes sexual activity
  114  between spouses.
  115         (e) “Sexual activity” means oral, anal, or female genital
  116  penetration by, or union with, the sexual organ of another; anal
  117  or female genital penetration of another by any other object; or
  118  the handling or fondling of the sexual organ of another for the
  119  purpose of masturbation; however, the term does not include acts
  120  done for bona fide medical purposes.
  121         (2) It is unlawful for a person:
  122         (a) to provide, or offer to provide, something of value in
  123  exchange for sexual activity own, establish, maintain, or
  124  operate any place, structure, building, or conveyance for the
  125  purpose of lewdness, assignation, or prostitution.
  126         (b) To offer, or to offer or agree to secure, another for
  127  the purpose of prostitution or for any other lewd or indecent
  128  act.
  129         (c) To receive, or to offer or agree to receive, any person
  130  into any place, structure, building, or conveyance for the
  131  purpose of prostitution, lewdness, or assignation, or to permit
  132  any person to remain there for such purpose.
  133         (d) To direct, take, or transport, or to offer or agree to
  134  direct, take, or transport, any person to any place, structure,
  135  or building, or to any other person, with knowledge or
  136  reasonable cause to believe that the purpose of such directing,
  137  taking, or transporting is prostitution, lewdness, or
  138  assignation.
  139         (e) For a person 18 years of age or older to offer to
  140  commit, or to commit, or to engage in, prostitution, lewdness,
  141  or assignation.
  142         (f) To solicit, induce, entice, or procure another to
  143  commit prostitution, lewdness, or assignation.
  144         (g) To reside in, enter, or remain in, any place,
  145  structure, or building, or to enter or remain in any conveyance,
  146  for the purpose of prostitution, lewdness, or assignation.
  147         (h) To aid, abet, or participate in any of the acts or
  148  things enumerated in this subsection.
  149         (i) To purchase the services of any person engaged in
  150  prostitution.
  151         (2)(3)(a) In the trial of a person charged with a violation
  152  of this section, testimony concerning the reputation of any
  153  place, structure, building, or conveyance involved in the
  154  charge, testimony concerning the reputation of any person
  155  residing in, operating, or frequenting such place, structure,
  156  building, or conveyance, and testimony concerning the reputation
  157  of the defendant is admissible in evidence in support of the
  158  charge.
  159         (b) Notwithstanding any other provision of law, a police
  160  officer may testify as an offended party in an action regarding
  161  charges filed pursuant to this section.
  162         (3)(a)(4)(a) A person who violates any provision of this
  163  section, other than paragraph (2)(f), commits:
  164         1. A felony misdemeanor of the third second degree for a
  165  first violation, punishable as provided in s. 775.082 or s.
  166  775.083.
  167         2. A felony misdemeanor of the second first degree for a
  168  second violation, punishable as provided in s. 775.082 or s.
  169  775.083.
  170         3. A felony of the first third degree for a third or
  171  subsequent violation, punishable as provided in s. 775.082, s.
  172  775.083, or s. 775.084.
  173         (b) A person who is charged with a third or subsequent
  174  violation of this section, other than paragraph (2)(f), shall be
  175  offered admission to a pretrial intervention program or a
  176  substance abuse treatment program as provided in s. 948.08.
  177         (5)(a) A person who violates paragraph (2)(f) commits:
  178         1. A misdemeanor of the first degree for a first violation,
  179  punishable as provided in s. 775.082 or s. 775.083.
  180         2. A felony of the third degree for a second violation,
  181  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  182         3. A felony of the second degree for a third or subsequent
  183  violation, punishable as provided in s. 775.082, s. 775.083, or
  184  s. 775.084.
  185         (b) In addition to any other penalty imposed, if a
  186  violation of this section results in any judicial disposition
  187  other than acquittal or dismissal, the court must shall order
  188  the defendant a person convicted of a violation of paragraph
  189  (2)(f) to:
  190         1. Perform 100 hours of community service;.
  191         2. Pay for and attend an educational program, which may be
  192  offered by a secular or faith-based provider, on the negative
  193  effects of commercial sexual activity; as described in
  194  subsection (8), if such a program exists in the judicial circuit
  195  in which the offender is sentenced
  196         3.Pay a civil penalty of $5,000. Of the proceeds from each
  197  penalty assessed under this subparagraph, the first $500 must be
  198  paid to the circuit court administrator for the sole purpose of
  199  paying the administrative costs of treatment-based drug court
  200  programs provided under s. 397.334. The remainder of the penalty
  201  assessed must be deposited in the Operations and Maintenance
  202  Trust Fund of the Department of Children and Families for the
  203  sole purpose of funding safe houses and safe foster homes as
  204  provided in s. 409.1678; and
  205         4.Receive sexually transmitted disease testing at a
  206  recognized medical facility.
  207         (c) A judicial circuit may establish an educational program
  208  for persons convicted of or charged with a violation of this
  209  section, to include education on:
  210         1.The relationship between demand for commercial sex and
  211  human trafficking;
  212         2.The impact of human trafficking on victims;
  213         3.Coercion, consent, and sexual violence;
  214         4.The health and legal consequences of commercial sex;
  215         5.The negative impact of commercial sex on prostituted
  216  persons and the community; and
  217         6.The reasons and motivations for engaging in prostitution
  218  In addition to any other penalty imposed, the court shall
  219  sentence a person convicted of a second or subsequent violation
  220  of paragraph (2)(f) to a minimum mandatory period of
  221  incarceration of 10 days.
  222         (d)1. If a person who violates this section paragraph
  223  (2)(f) uses a vehicle in the course of the violation, the judge,
  224  upon the person’s conviction, may issue an order for the
  225  impoundment or immobilization of the vehicle for a period of up
  226  to 60 days. The order of impoundment or immobilization must
  227  include the names and telephone numbers of all immobilization
  228  agencies meeting all of the conditions of s. 316.193(13). Within
  229  7 business days after the date that the court issues the order
  230  of impoundment or immobilization, the clerk of the court must
  231  send notice by certified mail, return receipt requested, to the
  232  registered owner of the vehicle, if the registered owner is a
  233  person other than the defendant, and to each person of record
  234  claiming a lien against the vehicle.
  235         2. The owner of the vehicle may request the court to
  236  dismiss the order. The court must dismiss the order, and the
  237  owner of the vehicle will incur no costs, if the owner of the
  238  vehicle alleges and the court finds to be true any of the
  239  following:
  240         a. The owner’s family has no other private or public means
  241  of transportation;
  242         b. The vehicle was stolen at the time of the offense;
  243         c. The owner purchased the vehicle after the offense was
  244  committed, and the sale was not made to circumvent the order and
  245  allow the defendant continued access to the vehicle; or
  246         d. The vehicle is owned by the defendant but is operated
  247  solely by employees of the defendant or employees of a business
  248  owned by the defendant.
  249         3. If the court denies the request to dismiss the order,
  250  the petitioner may request an evidentiary hearing. If, at the
  251  evidentiary hearing, the court finds to be true any of the
  252  circumstances described in sub-subparagraphs 2.a.-d. sub
  253  subparagraphs (d)2.a.-d., the court must dismiss the order and
  254  the owner of the vehicle will incur no costs.
  255         (6) A person who violates paragraph (2)(f) shall be
  256  assessed a civil penalty of $5,000 if the violation results in
  257  any judicial disposition other than acquittal or dismissal. Of
  258  the proceeds from each penalty assessed under this subsection,
  259  the first $500 shall be paid to the circuit court administrator
  260  for the sole purpose of paying the administrative costs of
  261  treatment-based drug court programs provided under s. 397.334.
  262  The remainder of the penalty assessed shall be deposited in the
  263  Operations and Maintenance Trust Fund of the Department of
  264  Children and Families for the sole purpose of funding safe
  265  houses and safe foster homes as provided in s. 409.1678.
  266         (7) If the place, structure, building, or conveyance that
  267  is owned, established, maintained, or operated in violation of
  268  paragraph (2)(a) is a massage establishment that is or should be
  269  licensed under s. 480.043, the offense shall be reclassified to
  270  the next higher degree as follows:
  271         (a) A misdemeanor of the second degree for a first
  272  violation is reclassified as a misdemeanor of the first degree,
  273  punishable as provided in s. 775.082 or s. 775.083.
  274         (b) A misdemeanor of the first degree for a second
  275  violation is reclassified as a felony of the third degree,
  276  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  277         (c) A felony of the third degree for a third or subsequent
  278  violation is reclassified as a felony of the second degree,
  279  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  280         (8)(a) A judicial circuit may establish an educational
  281  program for persons convicted of or charged with a violation of
  282  paragraph (2)(f), to include education on:
  283         1. The relationship between demand for commercial sex and
  284  human trafficking.
  285         2. The impact of human trafficking on victims.
  286         3. Coercion, consent, and sexual violence.
  287         4. The health and legal consequences of commercial sex.
  288         5. The negative impact of commercial sex on prostituted
  289  persons and the community.
  290         6. The reasons and motivations for engaging in
  291  prostitution.
  292         (b) An educational program may include a program offered by
  293  a faith-based provider.
  294         Section 6. Subsection (5) of section 60.05, Florida
  295  Statutes, is amended to read:
  296         60.05 Abatement of nuisances.—
  297         (5) On trial if the existence of a nuisance is shown, the
  298  court shall issue a permanent injunction and order the costs to
  299  be paid by the persons establishing or maintaining the nuisance
  300  and shall adjudge that the costs are a lien on all personal
  301  property found in the place of the nuisance and on the failure
  302  of the property to bring enough to pay the costs, then on the
  303  real estate occupied by the nuisance. A lien may not attach to
  304  the real estate of any other than such persons unless a second
  305  written notice has been given in accordance with paragraph
  306  (3)(a) to the owner or his or her agent who fails to begin to
  307  abate the nuisance within the time specified therein. In a
  308  proceeding abating a nuisance pursuant to s. 823.10 or s.
  309  823.05, if a tenant has been convicted of an offense under
  310  chapter 893, s. 796.06, or s. 796.07, the court may order the
  311  tenant to vacate the property within 72 hours if the tenant and
  312  owner of the premises are parties to the nuisance abatement
  313  action and the order will lead to the abatement of the nuisance.
  314         Section 7. Subsection (7) of section 322.28, Florida
  315  Statutes, is amended to read:
  316         322.28 Period of suspension or revocation.—
  317         (7) Following a second or subsequent violation of s.
  318  796.07(1) s. 796.07(2)(f) which involves a motor vehicle and
  319  which results in any judicial disposition other than acquittal
  320  or dismissal, in addition to any other sentence imposed, the
  321  court shall revoke the person’s driver license or driving
  322  privilege, effective upon the date of the disposition, for a
  323  period of at least 1 year. A person sentenced under this
  324  subsection may request a hearing under s. 322.271.
  325         Section 8. Paragraph (b) of subsection (4) of section
  326  397.4073, Florida Statutes, is amended to read:
  327         397.4073 Background checks of service provider personnel.—
  328         (4) EXEMPTIONS FROM DISQUALIFICATION.—
  329         (b) For service providers that treat adolescents 13 years
  330  of age and older, service provider personnel whose background
  331  checks indicate crimes under s. 796.07(1) s. 796.07(2)(e), s.
  332  810.02(4), s. 812.014(2)(c), s. 817.563, s. 831.01, s. 831.02,
  333  s. 893.13, or s. 893.147, and any related criminal attempt,
  334  solicitation, or conspiracy under s. 777.04:
  335         1. Shall be exempted from disqualification from employment
  336  for such offenses pursuant to this paragraph if:
  337         a. At least 5 years, or at least 3 years in the case of an
  338  individual seeking certification as a peer specialist under s.
  339  397.417, have elapsed since the applicant requesting an
  340  exemption has completed or has been lawfully released from any
  341  confinement, supervision, or nonmonetary condition imposed by a
  342  court for the applicant’s most recent disqualifying offense
  343  under this paragraph.
  344         b. The applicant for an exemption has not been arrested for
  345  any offense during the 5 years, or 3 years in the case of a peer
  346  specialist, before the request for exemption.
  347         2. May be exempted from disqualification from employment
  348  for such offenses without a waiting period as provided under s.
  349  435.07(2).
  350         Section 9. Paragraph (e) of subsection (4) of section
  351  397.417, Florida Statutes, is amended to read:
  352         397.417 Peer specialists.—
  353         (4) BACKGROUND SCREENING.—
  354         (e) The background screening conducted under this
  355  subsection must ensure that a peer specialist has not been
  356  arrested for and is awaiting final disposition of, found guilty
  357  of, regardless of adjudication, or entered a plea of nolo
  358  contendere or guilty to, or been adjudicated delinquent and the
  359  record has not been sealed or expunged for, any offense
  360  prohibited under any of the following state laws or similar laws
  361  of another jurisdiction:
  362         1. Section 393.135, relating to sexual misconduct with
  363  certain developmentally disabled clients and reporting of such
  364  sexual misconduct.
  365         2. Section 394.4593, relating to sexual misconduct with
  366  certain mental health patients and reporting of such sexual
  367  misconduct.
  368         3. Section 409.920, relating to Medicaid provider fraud, if
  369  the offense was a felony of the first or second degree.
  370         4. Section 415.111, relating to abuse, neglect, or
  371  exploitation of vulnerable adults.
  372         5. Any offense that constitutes domestic violence as
  373  defined in s. 741.28.
  374         6. Section 777.04, relating to attempts, solicitation, and
  375  conspiracy to commit an offense listed in this paragraph.
  376         7. Section 782.04, relating to murder.
  377         8. Section 782.07, relating to manslaughter; aggravated
  378  manslaughter of an elderly person or a disabled adult;
  379  aggravated manslaughter of a child; or aggravated manslaughter
  380  of an officer, a firefighter, an emergency medical technician,
  381  or a paramedic.
  382         9. Section 782.071, relating to vehicular homicide.
  383         10. Section 782.09, relating to killing an unborn child by
  384  injury to the mother.
  385         11. Chapter 784, relating to assault, battery, and culpable
  386  negligence, if the offense was a felony.
  387         12. Section 787.01, relating to kidnapping.
  388         13. Section 787.02, relating to false imprisonment.
  389         14. Section 787.025, relating to luring or enticing a
  390  child.
  391         15. Section 787.04(2), relating to leading, taking,
  392  enticing, or removing a minor beyond state limits, or concealing
  393  the location of a minor, with criminal intent pending custody
  394  proceedings.
  395         16. Section 787.04(3), relating to leading, taking,
  396  enticing, or removing a minor beyond state limits, or concealing
  397  the location of a minor, with criminal intent pending dependency
  398  proceedings or proceedings concerning alleged abuse or neglect
  399  of a minor.
  400         17. Section 790.115(1), relating to exhibiting firearms or
  401  weapons within 1,000 feet of a school.
  402         18. Section 790.115(2)(b), relating to possessing an
  403  electric weapon or device, a destructive device, or any other
  404  weapon on school property.
  405         19. Section 794.011, relating to sexual battery.
  406         20. Former s. 794.041, relating to prohibited acts of
  407  persons in familial or custodial authority.
  408         21. Section 794.05, relating to unlawful sexual activity
  409  with certain minors.
  410         22. Section 794.08, relating to female genital mutilation.
  411         23. Section 796.07, relating to providing, or offering to
  412  provide, something of value in exchange for sexual activity
  413  procuring another to commit prostitution, except for those
  414  offenses expunged pursuant to s. 943.0583.
  415         24. Section 798.02, relating to lewd and lascivious
  416  behavior.
  417         25. Chapter 800, relating to lewdness and indecent
  418  exposure.
  419         26. Section 806.01, relating to arson.
  420         27. Section 810.02, relating to burglary, if the offense
  421  was a felony of the first degree.
  422         28. Section 810.14, relating to voyeurism, if the offense
  423  was a felony.
  424         29. Section 810.145, relating to video voyeurism, if the
  425  offense was a felony.
  426         30. Section 812.13, relating to robbery.
  427         31. Section 812.131, relating to robbery by sudden
  428  snatching.
  429         32. Section 812.133, relating to carjacking.
  430         33. Section 812.135, relating to home-invasion robbery.
  431         34. Section 817.034, relating to communications fraud, if
  432  the offense was a felony of the first degree.
  433         35. Section 817.234, relating to false and fraudulent
  434  insurance claims, if the offense was a felony of the first or
  435  second degree.
  436         36. Section 817.50, relating to fraudulently obtaining
  437  goods or services from a health care provider and false reports
  438  of a communicable disease.
  439         37. Section 817.505, relating to patient brokering.
  440         38. Section 817.568, relating to fraudulent use of personal
  441  identification, if the offense was a felony of the first or
  442  second degree.
  443         39. Section 825.102, relating to abuse, aggravated abuse,
  444  or neglect of an elderly person or a disabled adult.
  445         40. Section 825.1025, relating to lewd or lascivious
  446  offenses committed upon or in the presence of an elderly person
  447  or a disabled person.
  448         41. Section 825.103, relating to exploitation of an elderly
  449  person or a disabled adult, if the offense was a felony.
  450         42. Section 826.04, relating to incest.
  451         43. Section 827.03, relating to child abuse, aggravated
  452  child abuse, or neglect of a child.
  453         44. Section 827.04, relating to contributing to the
  454  delinquency or dependency of a child.
  455         45. Former s. 827.05, relating to negligent treatment of
  456  children.
  457         46. Section 827.071, relating to sexual performance by a
  458  child.
  459         47. Section 831.30, relating to fraud in obtaining
  460  medicinal drugs.
  461         48. Section 831.31, relating to the sale; manufacture;
  462  delivery; or possession with intent to sell, manufacture, or
  463  deliver of any counterfeit controlled substance, if the offense
  464  was a felony.
  465         49. Section 843.01, relating to resisting arrest with
  466  violence.
  467         50. Section 843.025, relating to depriving a law
  468  enforcement, correctional, or correctional probation officer of
  469  the means of protection or communication.
  470         51. Section 843.12, relating to aiding in an escape.
  471         52. Section 843.13, relating to aiding in the escape of
  472  juvenile inmates of correctional institutions.
  473         53. Chapter 847, relating to obscenity.
  474         54. Section 874.05, relating to encouraging or recruiting
  475  another to join a criminal gang.
  476         55. Chapter 893, relating to drug abuse prevention and
  477  control, if the offense was a felony of the second degree or
  478  greater severity.
  479         56. Section 895.03, relating to racketeering and collection
  480  of unlawful debts.
  481         57. Section 896.101, relating to the Florida Money
  482  Laundering Act.
  483         58. Section 916.1075, relating to sexual misconduct with
  484  certain forensic clients and reporting of such sexual
  485  misconduct.
  486         59. Section 944.35(3), relating to inflicting cruel or
  487  inhuman treatment on an inmate resulting in great bodily harm.
  488         60. Section 944.40, relating to escape.
  489         61. Section 944.46, relating to harboring, concealing, or
  490  aiding an escaped prisoner.
  491         62. Section 944.47, relating to introduction of contraband
  492  into a correctional institution.
  493         63. Section 985.701, relating to sexual misconduct in
  494  juvenile justice programs.
  495         64. Section 985.711, relating to introduction of contraband
  496  into a detention facility.
  497         Section 10. Subsection (2) of section 435.07, Florida
  498  Statutes, is amended to read:
  499         435.07 Exemptions from disqualification.—Unless otherwise
  500  provided by law, the provisions of this section apply to
  501  exemptions from disqualification for disqualifying offenses
  502  revealed pursuant to background screenings required under this
  503  chapter, regardless of whether those disqualifying offenses are
  504  listed in this chapter or other laws.
  505         (2) Persons employed, or applicants for employment, by
  506  treatment providers who treat adolescents 13 years of age and
  507  older who are disqualified from employment solely because of
  508  crimes under s. 796.07(1) s. 796.07(2)(e), s. 810.02(4), s.
  509  812.014(2)(c), s. 817.563, s. 831.01, s. 831.02, s. 893.13, or
  510  s. 893.147, or any related criminal attempt, solicitation, or
  511  conspiracy under s. 777.04, may be exempted from
  512  disqualification from employment pursuant to this chapter
  513  without application of the waiting period in subparagraph
  514  (1)(a)1.
  515         Section 11. Subsection (4) and paragraphs (o) and (q) of
  516  subsection (5) of section 456.074, Florida Statutes, are amended
  517  to read:
  518         456.074 Certain health care practitioners; immediate
  519  suspension of license.—
  520         (4) The department shall issue an emergency order
  521  suspending the license of a massage therapist or establishment
  522  as defined in chapter 480 upon receipt of information that the
  523  massage therapist, a person with an ownership interest in the
  524  establishment, or, for a corporation that has more than $250,000
  525  of business assets in this state, the owner, officer, or
  526  individual directly involved in the management of the
  527  establishment has been convicted or found guilty of, or has
  528  entered a plea of guilty or nolo contendere to, regardless of
  529  adjudication, a violation of s. 796.06(1) that s. 796.07(2)(a)
  530  which is reclassified under s. 796.06(4) s. 796.07(7) or a
  531  felony offense under any of the following provisions of state
  532  law or a similar provision in another jurisdiction:
  533         (a) Section 787.01, relating to kidnapping.
  534         (b) Section 787.02, relating to false imprisonment.
  535         (c) Section 787.025, relating to luring or enticing a
  536  child.
  537         (d) Section 787.06, relating to human trafficking.
  538         (e) Section 787.07, relating to human smuggling.
  539         (f) Section 794.011, relating to sexual battery.
  540         (g) Section 794.08, relating to female genital mutilation.
  541         (h) Former s. 796.03, relating to procuring a person under
  542  the age of 18 for prostitution.
  543         (i) Former s. 796.035, relating to the selling or buying of
  544  minors into prostitution.
  545         (j) Former section 796.04, relating to forcing, compelling,
  546  or coercing another to become a prostitute.
  547         (k) Section 796.05, relating to deriving support from the
  548  proceeds of prostitution.
  549         (l) Section 796.07(3)(a)3. Section 796.07(4)(a)3., relating
  550  to a felony of the first third degree for a third or subsequent
  551  violation of s. 796.07, relating to prohibiting prostitution and
  552  related acts.
  553         (m) Section 800.04, relating to lewd or lascivious offenses
  554  committed upon or in the presence of persons less than 16 years
  555  of age.
  556         (n) Section 825.1025(2)(b), relating to lewd or lascivious
  557  offenses committed upon or in the presence of an elderly or
  558  disabled person.
  559         (o) Section 827.071, relating to sexual performance by a
  560  child.
  561         (p) Section 847.0133, relating to the protection of minors.
  562         (q) Section 847.0135, relating to computer pornography.
  563         (r) Section 847.0138, relating to the transmission of
  564  material harmful to minors to a minor by electronic device or
  565  equipment.
  566         (s) Section 847.0145, relating to the selling or buying of
  567  minors.
  568         (5) The department shall issue an emergency order
  569  suspending the license of any health care practitioner who is
  570  arrested for committing or attempting, soliciting, or conspiring
  571  to commit any act that would constitute a violation of any of
  572  the following criminal offenses in this state or similar
  573  offenses in another jurisdiction:
  574         (o) Former section 796.04, relating to forcing, compelling,
  575  or coercing another to become a prostitute.
  576         (q) Section 796.07(3)(a)3. Section 796.07(4)(a)3., relating
  577  to a felony of the first third degree for a third or subsequent
  578  violation of s. 796.07, relating to prohibiting prostitution and
  579  related acts.
  580         Section 12. Subsection (7) of section 480.041, Florida
  581  Statutes, is amended to read:
  582         480.041 Massage therapists; qualifications; licensure;
  583  endorsement.—
  584         (7) The board shall deny an application for a new or
  585  renewal license if an applicant has been convicted or found
  586  guilty of, or enters a plea of guilty or nolo contendere to,
  587  regardless of adjudication, a violation of s. 796.06(1) s.
  588  796.07(2)(a) which is reclassified under s. 796.06(4) s.
  589  796.07(7) or a felony offense under any of the following
  590  provisions of state law or a similar provision in another
  591  jurisdiction:
  592         (a) Section 787.01, relating to kidnapping.
  593         (b) Section 787.02, relating to false imprisonment.
  594         (c) Section 787.025, relating to luring or enticing a
  595  child.
  596         (d) Section 787.06, relating to human trafficking.
  597         (e) Section 787.07, relating to human smuggling.
  598         (f) Section 794.011, relating to sexual battery.
  599         (g) Section 794.08, relating to female genital mutilation.
  600         (h) Former s. 796.03, relating to procuring a person under
  601  the age of 18 for prostitution.
  602         (i) Former s. 796.035, relating to the selling or buying of
  603  minors into prostitution.
  604         (j) Former section 796.04, relating to forcing, compelling,
  605  or coercing another to become a prostitute.
  606         (k) Section 796.05, relating to deriving support from the
  607  proceeds of prostitution.
  608         (l) Section 796.07(3)(a)3. Section 796.07(4)(a)3., relating
  609  to a felony of the first third degree for a third or subsequent
  610  violation of s. 796.07, relating to prohibiting prostitution and
  611  related acts.
  612         (m) Section 800.04, relating to lewd or lascivious offenses
  613  committed upon or in the presence of persons less than 16 years
  614  of age.
  615         (n) Section 825.1025(2)(b), relating to lewd or lascivious
  616  offenses committed upon or in the presence of an elderly or
  617  disabled person.
  618         (o) Section 827.071, relating to sexual performance by a
  619  child.
  620         (p) Section 847.0133, relating to the protection of minors.
  621         (q) Section 847.0135, relating to computer pornography.
  622         (r) Section 847.0138, relating to the transmission of
  623  material harmful to minors to a minor by electronic device or
  624  equipment.
  625         (s) Section 847.0145, relating to the selling or buying of
  626  minors.
  627         Section 13. Subsection (8) of section 480.043, Florida
  628  Statutes, is amended to read:
  629         480.043 Massage establishments; requisites; licensure;
  630  inspection; human trafficking awareness training and policies.—
  631         (8) The department shall deny an application for a new or
  632  renewal license if an establishment owner or a designated
  633  establishment manager or, for a corporation that has more than
  634  $250,000 of business assets in this state, an establishment
  635  owner, a designated establishment manager, or any individual
  636  directly involved in the management of the establishment has
  637  been convicted of or entered a plea of guilty or nolo contendere
  638  to any misdemeanor or felony crime, regardless of adjudication,
  639  related to prostitution or related acts as described in s.
  640  796.06 or s. 796.07 or a felony offense under any of the
  641  following provisions of state law or a similar provision in
  642  another jurisdiction:
  643         (a) Section 787.01, relating to kidnapping.
  644         (b) Section 787.02, relating to false imprisonment.
  645         (c) Section 787.025, relating to luring or enticing a
  646  child.
  647         (d) Section 787.06, relating to human trafficking.
  648         (e) Section 787.07, relating to human smuggling.
  649         (f) Section 794.011, relating to sexual battery.
  650         (g) Section 794.08, relating to female genital mutilation.
  651         (h) Former s. 796.03, relating to procuring a person under
  652  the age of 18 for prostitution.
  653         (i) Former s. 796.035, relating to selling or buying of
  654  minors into prostitution.
  655         (j) Former section 796.04, relating to forcing, compelling,
  656  or coercing another to become a prostitute.
  657         (k) Section 796.05, relating to deriving support from the
  658  proceeds of prostitution.
  659         (l) Section 800.04, relating to lewd or lascivious offenses
  660  committed upon or in the presence of persons less than 16 years
  661  of age.
  662         (m) Section 825.1025(2)(b), relating to lewd or lascivious
  663  offenses committed upon or in the presence of an elderly or
  664  disabled person.
  665         (n) Section 827.071, relating to sexual performance by a
  666  child.
  667         (o) Section 847.0133, relating to the protection of minors.
  668         (p) Section 847.0135, relating to computer pornography.
  669         (q) Section 847.0138, relating to the transmission of
  670  material harmful to minors to a minor by electronic device or
  671  equipment.
  672         (r) Section 847.0145, relating to the selling or buying of
  673  minors.
  674         Section 14. Paragraph (c) of subsection (3) of section
  675  480.046, Florida Statutes, is amended to read:
  676         480.046 Grounds for disciplinary action by the board.—
  677         (3) The board shall revoke or suspend the license of a
  678  massage establishment licensed under this act, or deny
  679  subsequent licensure of such an establishment, if any of the
  680  following occurs:
  681         (c) The establishment owner, the designated establishment
  682  manager, or any individual providing massage therapy services
  683  for the establishment has had the entry in any jurisdiction of:
  684         1. A final order or other disciplinary action taken for
  685  sexual misconduct involving prostitution;
  686         2. A final order or other disciplinary action taken for
  687  crimes related to the practice of massage therapy involving
  688  prostitution; or
  689         3. A conviction or a plea of guilty or nolo contendere to
  690  any misdemeanor or felony crime, regardless of adjudication,
  691  related to prostitution or related acts as described in s.
  692  796.06 or s. 796.07.
  693         Section 15. Paragraph (a) of subsection (1) of section
  694  772.102, Florida Statutes, is amended to read:
  695         772.102 Definitions.—As used in this chapter, the term:
  696         (1) “Criminal activity” means to commit, to attempt to
  697  commit, to conspire to commit, or to solicit, coerce, or
  698  intimidate another person to commit:
  699         (a) Any crime that is chargeable by indictment or
  700  information under the following provisions:
  701         1. Section 210.18, relating to evasion of payment of
  702  cigarette taxes.
  703         2. Section 414.39, relating to public assistance fraud.
  704         3. Section 440.105 or s. 440.106, relating to workers’
  705  compensation.
  706         4. Part IV of chapter 501, relating to telemarketing.
  707         5. Chapter 517, relating to securities transactions.
  708         6. Section 550.235 or s. 550.3551, relating to dogracing
  709  and horseracing.
  710         7. Chapter 550, relating to jai alai frontons.
  711         8. Chapter 552, relating to the manufacture, distribution,
  712  and use of explosives.
  713         9. Chapter 562, relating to beverage law enforcement.
  714         10. Section 624.401, relating to transacting insurance
  715  without a certificate of authority, s. 624.437(4)(c)1., relating
  716  to operating an unauthorized multiple-employer welfare
  717  arrangement, or s. 626.902(1)(b), relating to representing or
  718  aiding an unauthorized insurer.
  719         11. Chapter 687, relating to interest and usurious
  720  practices.
  721         12. Section 721.08, s. 721.09, or s. 721.13, relating to
  722  real estate timeshare plans.
  723         13. Chapter 782, relating to homicide.
  724         14. Chapter 784, relating to assault and battery.
  725         15. Chapter 787, relating to kidnapping or human
  726  trafficking.
  727         16. Chapter 790, relating to weapons and firearms.
  728         17. Former s. 796.03, former s. 796.04, s. 796.05, 796.06,
  729  or s. 796.07, relating to prostitution.
  730         18. Chapter 806, relating to arson.
  731         19. Section 810.02(2)(c), relating to specified burglary of
  732  a dwelling or structure.
  733         20. Chapter 812, relating to theft, robbery, and related
  734  crimes.
  735         21. Chapter 815, relating to computer-related crimes.
  736         22. Chapter 817, relating to fraudulent practices, false
  737  pretenses, fraud generally, and credit card crimes.
  738         23. Section 827.071, relating to commercial sexual
  739  exploitation of children.
  740         24. Chapter 831, relating to forgery and counterfeiting.
  741         25. Chapter 832, relating to issuance of worthless checks
  742  and drafts.
  743         26. Section 836.05, relating to extortion.
  744         27. Chapter 837, relating to perjury.
  745         28. Chapter 838, relating to bribery and misuse of public
  746  office.
  747         29. Chapter 843, relating to obstruction of justice.
  748         30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
  749  s. 847.07, relating to obscene literature and profanity.
  750         31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
  751  849.25, relating to gambling.
  752         32. Chapter 893, relating to drug abuse prevention and
  753  control.
  754         33. Section 914.22 or s. 914.23, relating to witnesses,
  755  victims, or informants.
  756         34. Section 918.12 or s. 918.13, relating to tampering with
  757  jurors and evidence.
  758         Section 16. Paragraph (a) of subsection (3) of section
  759  787.01, Florida Statutes, is amended to read:
  760         787.01 Kidnapping; kidnapping of child under age 13,
  761  aggravating circumstances.—
  762         (3)(a) A person who commits the offense of kidnapping upon
  763  a child under the age of 13 and who, in the course of committing
  764  the offense, commits one or more of the following:
  765         1. Aggravated child abuse, as defined in s. 827.03;
  766         2. Sexual battery, as defined in chapter 794, against the
  767  child;
  768         3. Lewd or lascivious battery, lewd or lascivious
  769  molestation, lewd or lascivious conduct, or lewd or lascivious
  770  exhibition, in violation of s. 800.04 or s. 847.0135(5);
  771         4. A violation of former s. 796.03 or former s. 796.04,
  772  relating to prostitution, upon the child;
  773         5. Exploitation of the child or allowing the child to be
  774  exploited, in violation of s. 450.151; or
  775         6. A violation of s. 787.06(3)(g), relating to human
  776  trafficking,
  777  
  778  commits a life felony, punishable as provided in s. 775.082, s.
  779  775.083, or s. 775.084.
  780         Section 17. Paragraph (a) of subsection (3) of section
  781  787.02, Florida Statutes, is amended to read:
  782         787.02 False imprisonment; false imprisonment of child
  783  under age 13, aggravating circumstances.—
  784         (3)(a) A person who commits the offense of false
  785  imprisonment upon a child under the age of 13 and who, in the
  786  course of committing the offense, commits any offense enumerated
  787  in subparagraphs 1.-6. subparagraphs 1.-5., commits a felony of
  788  the first degree, punishable by imprisonment for a term of years
  789  not exceeding life or as provided in s. 775.082, s. 775.083, or
  790  s. 775.084.
  791         1. Aggravated child abuse, as defined in s. 827.03;
  792         2. Sexual battery, as defined in chapter 794, against the
  793  child;
  794         3. Lewd or lascivious battery, lewd or lascivious
  795  molestation, lewd or lascivious conduct, or lewd or lascivious
  796  exhibition, in violation of s. 800.04 or s. 847.0135(5);
  797         4. A violation of former s. 796.03 or former s. 796.04,
  798  relating to prostitution, upon the child;
  799         5. Exploitation of the child or allowing the child to be
  800  exploited, in violation of s. 450.151; or
  801         6. A violation of s. 787.06(3)(g) relating to human
  802  trafficking.
  803         Section 18. Subsection (1) of section 794.056, Florida
  804  Statutes, is amended to read:
  805         794.056 Rape Crisis Program Trust Fund.—
  806         (1) The Rape Crisis Program Trust Fund is created within
  807  the Department of Health for the purpose of providing funds for
  808  rape crisis centers in this state. Trust fund moneys shall be
  809  used exclusively for the purpose of providing services for
  810  victims of sexual assault. Funds credited to the trust fund
  811  consist of those funds collected as an additional court
  812  assessment in each case in which a defendant pleads guilty or
  813  nolo contendere to, or is found guilty of, regardless of
  814  adjudication, an offense provided in s. 775.21(6) and (10)(a),
  815  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
  816  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
  817  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
  818  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
  819  former s. 796.03; former s. 796.035; former s. 796.04; s.
  820  796.05; s. 796.06; s. 796.07(1) s. 796.07(2)(a)-(d) and (i); s.
  821  800.03; s. 800.04; s. 810.14; s. 810.145; s. 812.135; s.
  822  817.025; s. 825.102; s. 825.1025; s. 827.071; s. 836.10; s.
  823  847.0133; s. 847.0135(2); s. 847.0137; s. 847.0145; s.
  824  943.0435(4)(c), (7), (8), (9)(a), (13), and (14)(c); or s.
  825  985.701(1). Funds credited to the trust fund also shall include
  826  revenues provided by law, moneys appropriated by the
  827  Legislature, and grants from public or private entities.
  828         Section 19. Subsection (3) of section 796.08, Florida
  829  Statutes, is amended to read:
  830         796.08 Screening for HIV and sexually transmissible
  831  diseases; providing penalties.—
  832         (3) A person convicted under s. 796.07 of providing, or
  833  offering to provide, something of value in exchange for sexual
  834  activity prostitution or procuring another to commit
  835  prostitution must undergo screening for a sexually transmissible
  836  disease, including, but not limited to, screening to detect
  837  exposure to the human immunodeficiency virus, under direction of
  838  the Department of Health. If the person is infected, he or she
  839  must submit to treatment and counseling prior to release from
  840  probation, community control, or incarceration. Notwithstanding
  841  the provisions of s. 384.29, the results of tests conducted
  842  pursuant to this subsection shall be made available by the
  843  Department of Health to the offender, medical personnel,
  844  appropriate state agencies, state attorneys, and courts of
  845  appropriate jurisdiction in need of such information in order to
  846  enforce the provisions of this chapter.
  847         Section 20. Subsection (2) of section 796.09, Florida
  848  Statutes, is amended to read:
  849         796.09 Coercion; civil cause of action; evidence; defenses;
  850  attorney’s fees.—
  851         (2) As used in this section, the term “prostitution” has
  852  the same meaning as in s. 796.011 s. 796.07.
  853         Section 21. Subsection (2) of section 893.138, Florida
  854  Statutes, is amended to read:
  855         893.138 Local administrative action to abate certain
  856  activities declared public nuisances.—
  857         (2) Any place or premises that has been used:
  858         (a) On more than two occasions within a 6-month period, as
  859  the site of a violation of s. 796.06 or s. 796.07;
  860         (b) On more than two occasions within a 6-month period, as
  861  the site of the unlawful sale, delivery, manufacture, or
  862  cultivation of any controlled substance;
  863         (c) On one occasion as the site of the unlawful possession
  864  of a controlled substance, where such possession constitutes a
  865  felony and that has been previously used on more than one
  866  occasion as the site of the unlawful sale, delivery,
  867  manufacture, or cultivation of any controlled substance;
  868         (d) By a criminal gang for the purpose of conducting
  869  criminal gang activity as defined by s. 874.03;
  870         (e) On more than two occasions within a 6-month period, as
  871  the site of a violation of s. 812.019 relating to dealing in
  872  stolen property;
  873         (f) On two or more occasions within a 6-month period, as
  874  the site of a violation of chapter 499; or
  875         (g) On more than two occasions within a 6-month period, as
  876  the site of a violation of any combination of the following:
  877         1. Section 782.04, relating to murder;
  878         2. Section 782.051, relating to attempted felony murder;
  879         3. Section 784.045(1)(a)2., relating to aggravated battery
  880  with a deadly weapon; or
  881         4. Section 784.021(1)(a), relating to aggravated assault
  882  with a deadly weapon without intent to kill,
  883  
  884  may be declared to be a public nuisance, and such nuisance may
  885  be abated pursuant to the procedures provided in this section.
  886         Section 22. Paragraph (a) of subsection (8) of section
  887  895.02, Florida Statutes, is amended to read:
  888         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
  889         (8) “Racketeering activity” means to commit, to attempt to
  890  commit, to conspire to commit, or to solicit, coerce, or
  891  intimidate another person to commit:
  892         (a) Any crime that is chargeable by petition, indictment,
  893  or information under the following provisions of the Florida
  894  Statutes:
  895         1. Section 210.18, relating to evasion of payment of
  896  cigarette taxes.
  897         2. Section 316.1935, relating to fleeing or attempting to
  898  elude a law enforcement officer and aggravated fleeing or
  899  eluding.
  900         3. Chapter 379, relating to the illegal sale, purchase,
  901  collection, harvest, capture, or possession of wild animal life,
  902  freshwater aquatic life, or marine life, and related crimes.
  903         4. Section 403.727(3)(b), relating to environmental
  904  control.
  905         5. Section 409.920 or s. 409.9201, relating to Medicaid
  906  fraud.
  907         6. Section 414.39, relating to public assistance fraud.
  908         7. Section 440.105 or s. 440.106, relating to workers’
  909  compensation.
  910         8. Section 443.071(4), relating to creation of a fictitious
  911  employer scheme to commit reemployment assistance fraud.
  912         9. Section 465.0161, relating to distribution of medicinal
  913  drugs without a permit as an Internet pharmacy.
  914         10. Section 499.0051, relating to crimes involving
  915  contraband, adulterated, or misbranded drugs.
  916         11. Part IV of chapter 501, relating to telemarketing.
  917         12. Chapter 517, relating to sale of securities and
  918  investor protection.
  919         13. Section 550.235 or s. 550.3551, relating to dogracing
  920  and horseracing.
  921         14. Chapter 550, relating to jai alai frontons.
  922         15. Section 551.109, relating to slot machine gaming.
  923         16. Chapter 552, relating to the manufacture, distribution,
  924  and use of explosives.
  925         17. Chapter 560, relating to money transmitters, if the
  926  violation is punishable as a felony.
  927         18. Chapter 562, relating to beverage law enforcement.
  928         19. Section 624.401, relating to transacting insurance
  929  without a certificate of authority, s. 624.437(4)(c)1., relating
  930  to operating an unauthorized multiple-employer welfare
  931  arrangement, or s. 626.902(1)(b), relating to representing or
  932  aiding an unauthorized insurer.
  933         20. Section 655.50, relating to reports of currency
  934  transactions, when such violation is punishable as a felony.
  935         21. Chapter 687, relating to interest and usurious
  936  practices.
  937         22. Section 721.08, s. 721.09, or s. 721.13, relating to
  938  real estate timeshare plans.
  939         23. Section 775.13(5)(b), relating to registration of
  940  persons found to have committed any offense for the purpose of
  941  benefiting, promoting, or furthering the interests of a criminal
  942  gang.
  943         24. Section 777.03, relating to commission of crimes by
  944  accessories after the fact.
  945         25. Chapter 782, relating to homicide.
  946         26. Chapter 784, relating to assault and battery.
  947         27. Chapter 787, relating to kidnapping, human smuggling,
  948  or human trafficking.
  949         28. Chapter 790, relating to weapons and firearms.
  950         29. Chapter 794, relating to sexual battery, but only if
  951  such crime was committed with the intent to benefit, promote, or
  952  further the interests of a criminal gang, or for the purpose of
  953  increasing a criminal gang member’s own standing or position
  954  within a criminal gang.
  955         30. Former s. 796.03, former s. 796.035, former s. 796.04,
  956  s. 796.05, s. 796.06, or s. 796.07, relating to prostitution.
  957         31. Chapter 806, relating to arson and criminal mischief.
  958         32. Chapter 810, relating to burglary and trespass.
  959         33. Chapter 812, relating to theft, robbery, and related
  960  crimes.
  961         34. Chapter 815, relating to computer-related crimes.
  962         35. Chapter 817, relating to fraudulent practices, false
  963  pretenses, fraud generally, credit card crimes, and patient
  964  brokering.
  965         36. Chapter 825, relating to abuse, neglect, or
  966  exploitation of an elderly person or disabled adult.
  967         37. Section 827.071, relating to commercial sexual
  968  exploitation of children.
  969         38. Section 828.122, relating to fighting or baiting
  970  animals.
  971         39. Chapter 831, relating to forgery and counterfeiting.
  972         40. Chapter 832, relating to issuance of worthless checks
  973  and drafts.
  974         41. Section 836.05, relating to extortion.
  975         42. Chapter 837, relating to perjury.
  976         43. Chapter 838, relating to bribery and misuse of public
  977  office.
  978         44. Chapter 843, relating to obstruction of justice.
  979         45. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
  980  s. 847.07, relating to obscene literature and profanity.
  981         46. Chapter 849, relating to gambling, lottery, gambling or
  982  gaming devices, slot machines, or any of the provisions within
  983  that chapter.
  984         47. Chapter 874, relating to criminal gangs.
  985         48. Chapter 893, relating to drug abuse prevention and
  986  control.
  987         49. Chapter 896, relating to offenses related to financial
  988  transactions.
  989         50. Sections 914.22 and 914.23, relating to tampering with
  990  or harassing a witness, victim, or informant, and retaliation
  991  against a witness, victim, or informant.
  992         51. Sections 918.12 and 918.13, relating to tampering with
  993  jurors and evidence.
  994         Section 23. Section 938.085, Florida Statutes, is amended
  995  to read:
  996         938.085 Additional cost to fund rape crisis centers.—In
  997  addition to any sanction imposed when a person pleads guilty or
  998  nolo contendere to, or is found guilty of, regardless of
  999  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
 1000  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
 1001  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
 1002  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
 1003  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
 1004  796.03; former s. 796.035; former s. 796.04; s. 796.05; s.
 1005  796.06; s. 796.07(1) s. 796.07(2)(a)-(d) and (i); s. 800.03; s.
 1006  800.04; s. 810.14; s. 810.145; s. 812.135; s. 817.025; s.
 1007  825.102; s. 825.1025; s. 827.071; s. 836.10; s. 847.0133; s.
 1008  847.0135(2); s. 847.0137; s. 847.0145; s. 943.0435(4)(c), (7),
 1009  (8), (9)(a), (13), and (14)(c); or s. 985.701(1), the court
 1010  shall impose a surcharge of $151. Payment of the surcharge shall
 1011  be a condition of probation, community control, or any other
 1012  court-ordered supervision. The sum of $150 of the surcharge
 1013  shall be deposited into the Rape Crisis Program Trust Fund
 1014  established within the Department of Health by chapter 2003-140,
 1015  Laws of Florida. The clerk of the court shall retain $1 of each
 1016  surcharge that the clerk of the court collects as a service
 1017  charge of the clerk’s office.
 1018         Section 24. This act shall take effect October 1, 2024.
 1019  
 1020  ================= T I T L E  A M E N D M E N T ================
 1021  And the title is amended as follows:
 1022         Delete everything before the enacting clause
 1023  and insert:
 1024                        A bill to be entitled                      
 1025         An act relating to prostitution and related acts;
 1026         creating s. 796.011, F.S.; defining and redefining
 1027         terms; creating s. 796.031, F.S.; prohibiting adults
 1028         from offering to commit, committing, or engaging in
 1029         prostitution, lewdness, or assignation; providing
 1030         criminal penalties; providing that specified testimony
 1031         concerning reputation is admissible in evidence in the
 1032         trial of persons charged with certain offenses;
 1033         requiring a court to order that a person sentenced for
 1034         certain violations attend an educational program;
 1035         authorizing judicial circuits to establish certain
 1036         educational programs; repealing s. 796.04, F.S.,
 1037         relating to forcing, compelling, or coercing another
 1038         to become a prostitute; amending s. 796.06, F.S.;
 1039         prohibiting the owning, establishing, maintaining,
 1040         operating, using, letting, or renting of a building,
 1041         residence, place, or structure, in whole or in part,
 1042         or a trailer or any other conveyance, with knowledge
 1043         or reckless disregard that it will be used for the
 1044         purpose of commercial sex; prohibiting the receiving,
 1045         or offering or agreeing to receive, a person into a
 1046         building, residence, place, or structure, or a trailer
 1047         or any other conveyance, for the purpose of commercial
 1048         sexual activity or to allow a person to remain there
 1049         for such purpose; providing criminal penalties;
 1050         providing enhanced criminal penalties for second or
 1051         subsequent violations; providing that specified
 1052         testimony concerning reputation is admissible in
 1053         evidence in the trial of persons charged with certain
 1054         offenses; requiring the reclassification of offenses
 1055         under specified circumstances; amending s. 796.07,
 1056         F.S.; deleting definitions; prohibiting a person from
 1057         providing, or offering to provide, something of value
 1058         in exchange for sexual activity; deleting prohibited
 1059         acts relating to prostitution and related acts;
 1060         deleting a provision authorizing a police officer to
 1061         testify under certain circumstances; providing
 1062         criminal penalties; providing enhanced criminal
 1063         penalties for second or subsequent violations;
 1064         deleting a provision requiring the offering of
 1065         admission into certain programs; requiring a court to
 1066         order that certain defendants perform community
 1067         service, pay for and attend an educational program,
 1068         pay a civil penalty, and receive sexually transmitted
 1069         disease testing; providing requirements for the
 1070         proceeds of the civil penalty; deleting a minimum
 1071         mandatory period of incarceration for the commission
 1072         of a certain offense; conforming provisions to changes
 1073         made by the act; amending ss. 60.05, 322.28, 397.4073,
 1074         397.417, 435.07, 456.074, 480.041, 480.043, 480.046,
 1075         772.102, 787.01, 787.02, 794.056, 796.08, 796.09,
 1076         893.138, 895.02, 938.085, and 943.0433, F.S.;
 1077         conforming provisions to changes made by the act;
 1078         conforming cross-references; providing an effective
 1079         date.