Florida Senate - 2024                             CS for SB 1590
       
       
        
       By the Committee on Criminal Justice; and Senator Grall
       
       
       
       
       
       591-02641-24                                          20241590c1
    1                        A bill to be entitled                      
    2         An act relating to prostitution and related acts;
    3         creating s. 796.011, F.S.; defining and redefining
    4         terms; creating s. 796.031, F.S.; prohibiting adults
    5         from offering to commit, committing, or engaging in
    6         prostitution, lewdness, or assignation; providing
    7         criminal penalties; providing that specified testimony
    8         concerning reputation is admissible in evidence in the
    9         trial of persons charged with certain offenses;
   10         requiring a court to order that a person sentenced for
   11         certain violations attend an educational program;
   12         authorizing judicial circuits to establish certain
   13         educational programs; repealing s. 796.04, F.S.,
   14         relating to forcing, compelling, or coercing another
   15         to become a prostitute; amending s. 796.06, F.S.;
   16         prohibiting the owning, establishing, maintaining,
   17         operating, using, letting, or renting of a building,
   18         residence, place, or structure, in whole or in part,
   19         or a trailer or any other conveyance, with knowledge
   20         or reckless disregard that it will be used for the
   21         purpose of commercial sex; prohibiting the receiving,
   22         or offering or agreeing to receive, a person into a
   23         building, residence, place, or structure, or a trailer
   24         or any other conveyance, for the purpose of commercial
   25         sexual activity or to allow a person to remain there
   26         for such purpose; providing criminal penalties;
   27         providing enhanced criminal penalties for second or
   28         subsequent violations; providing that specified
   29         testimony concerning reputation is admissible in
   30         evidence in the trial of persons charged with certain
   31         offenses; requiring the reclassification of offenses
   32         under specified circumstances; amending s. 796.07,
   33         F.S.; deleting definitions; prohibiting a person from
   34         providing, or offering to provide, something of value
   35         in exchange for sexual activity; deleting prohibited
   36         acts relating to prostitution and related acts;
   37         deleting a provision authorizing a police officer to
   38         testify under certain circumstances; providing
   39         criminal penalties; providing enhanced criminal
   40         penalties for second or subsequent violations;
   41         deleting a provision requiring the offering of
   42         admission into certain programs; requiring a court to
   43         order that certain defendants perform community
   44         service, pay for and attend an educational program,
   45         pay a civil penalty, and receive sexually transmitted
   46         disease testing; providing requirements for the
   47         proceeds of the civil penalty; deleting a minimum
   48         mandatory period of incarceration for the commission
   49         of a certain offense; deleting obsolete provisions;
   50         conforming provisions to changes made by the act;
   51         amending ss. 60.05, 322.28, 397.4073, 397.417, 435.07,
   52         456.074, 480.041, 480.043, 480.046, 772.102, 787.01,
   53         787.02, 794.056, 796.08, 796.09, 893.138, 895.02, and
   54         938.085, F.S.; conforming provisions to changes made
   55         by the act; conforming cross-references; providing an
   56         effective date.
   57          
   58  Be It Enacted by the Legislature of the State of Florida:
   59  
   60         Section 1. Section 796.011, Florida Statutes, is created to
   61  read:
   62         796.011 Definitions.—As used in this chapter, the term:
   63         (1)“Adult” means an individual 18 years of age or older.
   64         (2)“Assignation” means the making of any appointment or
   65  engagement for prostitution or lewdness, or any act in
   66  furtherance of such appointment or engagement.
   67         (3)“Commercial sex” means engaging in sexual activity in
   68  exchange for something of value. The term includes prostitution
   69  and human trafficking.
   70         (4)“Female genitals” includes the labia minora, labia
   71  majora, clitoris, vulva, hymen, and vagina.
   72         (5)“Lewdness” means any indecent or obscene act.
   73         (6)“Prostitution” means voluntarily engaging in, agreeing
   74  to engage in, or offering to engage in commercial sex.
   75         (7)“Sexual activity” means oral, anal, or female genital
   76  penetration by, or union with, the sexual organ of another; anal
   77  or female genital penetration of another by any other object; or
   78  the handling or fondling of the sexual organ of another for the
   79  purpose of masturbation. The term does not include acts done for
   80  bona fide medical purposes.
   81         Section 2. Section 796.031, Florida Statutes, is created to
   82  read:
   83         796.031 Prostitution, lewdness, and assignation prohibited;
   84  penalties.—
   85         (1)It is unlawful for an adult to offer to commit, to
   86  commit, or to engage in prostitution, lewdness, or assignation.
   87         (2)In the trial of a person charged with a violation of
   88  this section, testimony concerning the reputation of any place,
   89  structure, building, or conveyance involved in the charge;
   90  testimony concerning the reputation of any person residing in,
   91  operating, or frequenting such place, structure, building or
   92  conveyance; and testimony concerning the reputation of the
   93  defendant is admissible in evidence in support of the charge.
   94         (3)(a)A person who violates this section commits a
   95  misdemeanor of the second degree, punishable as provided in s.
   96  775.082 or s. 775.083.
   97         (b)In addition to any other penalty imposed, the court
   98  shall order a person sentenced for a violation of this section
   99  to attend an educational program about the negative effects of
  100  commercial sex. The educational program may be offered by a
  101  secular or faith-based provider.
  102         (c)A judicial circuit may establish an educational program
  103  for persons convicted of or charged with a violation of this
  104  section, to include education on:
  105         1.The relationship between demand for commercial sex and
  106  human trafficking;
  107         2.The impact of human trafficking on victims;
  108         3.Coercion, consent, and sexual violence;
  109         4.The health and legal consequences of commercial sex;
  110         5.The negative impact of commercial sex on prostituted
  111  persons and the community; and
  112         6.The reasons and motivations for engaging in
  113  prostitution.
  114         Section 3. Section 796.04, Florida Statutes, is repealed.
  115         Section 4. Section 796.06, Florida Statutes, is amended to
  116  read:
  117         796.06 Maintaining Renting space to be used for commercial
  118  sex lewdness, assignation, or prostitution.—
  119         (1) It is unlawful to:
  120         (a)Own, establish, maintain, operate, use, let, or rent a
  121  building, residence, any place, or structure, in whole or in or
  122  part thereof, or a trailer or any other conveyance, with the
  123  knowledge or reckless disregard that it will be used for the
  124  purpose of commercial sex lewdness, assignation, or
  125  prostitution.
  126         (b)Receive, or to offer or agree to receive, a person into
  127  a building, residence, place, or structure, or a trailer or any
  128  other conveyance, for the purpose of commercial sexual activity
  129  or to allow a person to remain there for such purpose.
  130         (2) A person who violates this section commits:
  131         (a) A felony misdemeanor of the third first degree for a
  132  first violation, punishable as provided in s. 775.082 or s.
  133  775.083.
  134         (b) A felony of the second third degree for a second or
  135  subsequent violation, punishable as provided in s. 775.082, s.
  136  775.083, or s. 775.084.
  137         (3)In the trial of a person charged with a violation of
  138  this section, testimony concerning the reputation of any place,
  139  structure, building, or conveyance involved in the charge;
  140  testimony concerning the reputation of any person residing in,
  141  operating, or frequenting such place, structure, building, or
  142  conveyance; and testimony concerning the reputation of the
  143  defendant is admissible in evidence in support of the charge.
  144         (4)If such building, residence, place, structure, or
  145  trailer or any other conveyance that is owned, established,
  146  maintained, or operated is a massage establishment that is or
  147  should be licensed under s. 480.043, the offense must be
  148  reclassified to the next higher degree as follows:
  149         (a)A felony of the third degree is reclassified as a
  150  felony of the second degree, punishable as provided in s.
  151  775.082, s. 775.083, or s. 775.084.
  152         (b)A felony of the second degree is reclassified as a
  153  felony of the first degree, punishable as provided in s.
  154  775.082, s. 775.083, or s. 775.084.
  155         (c)A felony of the first degree is reclassified as a
  156  felony of the first degree punishable by life in prison,
  157  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  158         Section 5. Section 796.07, Florida Statutes, is amended to
  159  read:
  160         796.07 Prohibiting prostitution and related acts.—
  161         (1) As used in this section:
  162         (a) “Assignation” means the making of any appointment or
  163  engagement for prostitution or lewdness, or any act in
  164  furtherance of such appointment or engagement.
  165         (b) “Female genitals” includes the labia minora, labia
  166  majora, clitoris, vulva, hymen, and vagina.
  167         (c) “Lewdness” means any indecent or obscene act.
  168         (d) “Prostitution” means the giving or receiving of the
  169  body for sexual activity for hire but excludes sexual activity
  170  between spouses.
  171         (e) “Sexual activity” means oral, anal, or female genital
  172  penetration by, or union with, the sexual organ of another; anal
  173  or female genital penetration of another by any other object; or
  174  the handling or fondling of the sexual organ of another for the
  175  purpose of masturbation; however, the term does not include acts
  176  done for bona fide medical purposes.
  177         (2) It is unlawful for a person:
  178         (a) to provide, or offer to provide, something of value in
  179  exchange for sexual activity own, establish, maintain, or
  180  operate any place, structure, building, or conveyance for the
  181  purpose of lewdness, assignation, or prostitution.
  182         (b) To offer, or to offer or agree to secure, another for
  183  the purpose of prostitution or for any other lewd or indecent
  184  act.
  185         (c) To receive, or to offer or agree to receive, any person
  186  into any place, structure, building, or conveyance for the
  187  purpose of prostitution, lewdness, or assignation, or to permit
  188  any person to remain there for such purpose.
  189         (d) To direct, take, or transport, or to offer or agree to
  190  direct, take, or transport, any person to any place, structure,
  191  or building, or to any other person, with knowledge or
  192  reasonable cause to believe that the purpose of such directing,
  193  taking, or transporting is prostitution, lewdness, or
  194  assignation.
  195         (e) For a person 18 years of age or older to offer to
  196  commit, or to commit, or to engage in, prostitution, lewdness,
  197  or assignation.
  198         (f) To solicit, induce, entice, or procure another to
  199  commit prostitution, lewdness, or assignation.
  200         (g) To reside in, enter, or remain in, any place,
  201  structure, or building, or to enter or remain in any conveyance,
  202  for the purpose of prostitution, lewdness, or assignation.
  203         (h) To aid, abet, or participate in any of the acts or
  204  things enumerated in this subsection.
  205         (i) To purchase the services of any person engaged in
  206  prostitution.
  207         (2)(3)(a) In the trial of a person charged with a violation
  208  of this section, testimony concerning the reputation of any
  209  place, structure, building, or conveyance involved in the
  210  charge, testimony concerning the reputation of any person
  211  residing in, operating, or frequenting such place, structure,
  212  building, or conveyance, and testimony concerning the reputation
  213  of the defendant is admissible in evidence in support of the
  214  charge.
  215         (b) Notwithstanding any other provision of law, a police
  216  officer may testify as an offended party in an action regarding
  217  charges filed pursuant to this section.
  218         (3)(a)(4)(a) A person who violates any provision of this
  219  section, other than paragraph (2)(f), commits:
  220         1. A felony misdemeanor of the third second degree for a
  221  first violation, punishable as provided in s. 775.082 or s.
  222  775.083.
  223         2. A felony misdemeanor of the second first degree for a
  224  second violation, punishable as provided in s. 775.082 or s.
  225  775.083.
  226         3. A felony of the first third degree for a third or
  227  subsequent violation, punishable as provided in s. 775.082, s.
  228  775.083, or s. 775.084.
  229         (b) A person who is charged with a third or subsequent
  230  violation of this section, other than paragraph (2)(f), shall be
  231  offered admission to a pretrial intervention program or a
  232  substance abuse treatment program as provided in s. 948.08.
  233         (5)(a) A person who violates paragraph (2)(f) commits:
  234         1. A misdemeanor of the first degree for a first violation,
  235  punishable as provided in s. 775.082 or s. 775.083.
  236         2. A felony of the third degree for a second violation,
  237  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  238         3. A felony of the second degree for a third or subsequent
  239  violation, punishable as provided in s. 775.082, s. 775.083, or
  240  s. 775.084.
  241         (b) In addition to any other penalty imposed, if a
  242  violation of this section results in any judicial disposition
  243  other than acquittal or dismissal, the court must shall order
  244  the defendant a person convicted of a violation of paragraph
  245  (2)(f) to:
  246         1. Perform 100 hours of community service;.
  247         2. Pay for and attend an educational program, which may be
  248  offered by a secular or faith-based provider, on the negative
  249  effects of commercial sexual activity; as described in
  250  subsection (8), if such a program exists in the judicial circuit
  251  in which the offender is sentenced
  252         3.Pay a civil penalty of $5,000. Of the proceeds from each
  253  penalty assessed under this subparagraph, the first $500 must be
  254  paid to the circuit court administrator for the sole purpose of
  255  paying the administrative costs of treatment-based drug court
  256  programs provided under s. 397.334. The remainder of the penalty
  257  assessed must be deposited in the Operations and Maintenance
  258  Trust Fund of the Department of Children and Families for the
  259  sole purpose of funding safe houses and safe foster homes as
  260  provided in s. 409.1678; and
  261         4.Receive sexually transmitted disease testing at a
  262  recognized medical facility.
  263         (c) A judicial circuit may establish an educational program
  264  for persons convicted of or charged with a violation of this
  265  section, to include education on:
  266         1.The relationship between demand for commercial sex and
  267  human trafficking;
  268         2.The impact of human trafficking on victims;
  269         3.Coercion, consent, and sexual violence;
  270         4.The health and legal consequences of commercial sex;
  271         5.The negative impact of commercial sex on prostituted
  272  persons and the community; and
  273         6.The reasons and motivations for engaging in prostitution
  274  In addition to any other penalty imposed, the court shall
  275  sentence a person convicted of a second or subsequent violation
  276  of paragraph (2)(f) to a minimum mandatory period of
  277  incarceration of 10 days.
  278         (d)1. If a person who violates this section paragraph
  279  (2)(f) uses a vehicle in the course of the violation, the judge,
  280  upon the person’s conviction, may issue an order for the
  281  impoundment or immobilization of the vehicle for a period of up
  282  to 60 days. The order of impoundment or immobilization must
  283  include the names and telephone numbers of all immobilization
  284  agencies meeting all of the conditions of s. 316.193(13). Within
  285  7 business days after the date that the court issues the order
  286  of impoundment or immobilization, the clerk of the court must
  287  send notice by certified mail, return receipt requested, to the
  288  registered owner of the vehicle, if the registered owner is a
  289  person other than the defendant, and to each person of record
  290  claiming a lien against the vehicle.
  291         2. The owner of the vehicle may request the court to
  292  dismiss the order. The court must dismiss the order, and the
  293  owner of the vehicle will incur no costs, if the owner of the
  294  vehicle alleges and the court finds to be true any of the
  295  following:
  296         a. The owner’s family has no other private or public means
  297  of transportation;
  298         b. The vehicle was stolen at the time of the offense;
  299         c. The owner purchased the vehicle after the offense was
  300  committed, and the sale was not made to circumvent the order and
  301  allow the defendant continued access to the vehicle; or
  302         d. The vehicle is owned by the defendant but is operated
  303  solely by employees of the defendant or employees of a business
  304  owned by the defendant.
  305         3. If the court denies the request to dismiss the order,
  306  the petitioner may request an evidentiary hearing. If, at the
  307  evidentiary hearing, the court finds to be true any of the
  308  circumstances described in sub-subparagraphs 2.a.-d. sub
  309  subparagraphs (d)2.a.-d., the court must dismiss the order and
  310  the owner of the vehicle will incur no costs.
  311         (e) The Soliciting for Prostitution Public Database created
  312  pursuant to s. 943.0433 must include the criminal history record
  313  of a person who is found guilty as a result of a trial or who
  314  enters a plea of guilty or nolo contendere, regardless of
  315  whether adjudication is withheld, of paragraph (2)(f), and there
  316  is evidence that such person provided a form of payment or
  317  arranged for the payment of such services. Upon conviction, the
  318  clerk of the court shall forward the criminal history record of
  319  the person to the Department of Law Enforcement, pursuant to s.
  320  943.052(2), for inclusion in the database. This paragraph shall
  321  stand repealed on January 1, 2024, unless reviewed and saved
  322  from repeal by the Legislature.
  323         (6) A person who violates paragraph (2)(f) shall be
  324  assessed a civil penalty of $5,000 if the violation results in
  325  any judicial disposition other than acquittal or dismissal. Of
  326  the proceeds from each penalty assessed under this subsection,
  327  the first $500 shall be paid to the circuit court administrator
  328  for the sole purpose of paying the administrative costs of
  329  treatment-based drug court programs provided under s. 397.334.
  330  The remainder of the penalty assessed shall be deposited in the
  331  Operations and Maintenance Trust Fund of the Department of
  332  Children and Families for the sole purpose of funding safe
  333  houses and safe foster homes as provided in s. 409.1678.
  334         (7) If the place, structure, building, or conveyance that
  335  is owned, established, maintained, or operated in violation of
  336  paragraph (2)(a) is a massage establishment that is or should be
  337  licensed under s. 480.043, the offense shall be reclassified to
  338  the next higher degree as follows:
  339         (a) A misdemeanor of the second degree for a first
  340  violation is reclassified as a misdemeanor of the first degree,
  341  punishable as provided in s. 775.082 or s. 775.083.
  342         (b) A misdemeanor of the first degree for a second
  343  violation is reclassified as a felony of the third degree,
  344  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  345         (c) A felony of the third degree for a third or subsequent
  346  violation is reclassified as a felony of the second degree,
  347  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  348         (8)(a) A judicial circuit may establish an educational
  349  program for persons convicted of or charged with a violation of
  350  paragraph (2)(f), to include education on:
  351         1. The relationship between demand for commercial sex and
  352  human trafficking.
  353         2. The impact of human trafficking on victims.
  354         3. Coercion, consent, and sexual violence.
  355         4. The health and legal consequences of commercial sex.
  356         5. The negative impact of commercial sex on prostituted
  357  persons and the community.
  358         6. The reasons and motivations for engaging in
  359  prostitution.
  360         (b) An educational program may include a program offered by
  361  a faith-based provider.
  362         Section 6. Subsection (5) of section 60.05, Florida
  363  Statutes, is amended to read:
  364         60.05 Abatement of nuisances.—
  365         (5) On trial if the existence of a nuisance is shown, the
  366  court shall issue a permanent injunction and order the costs to
  367  be paid by the persons establishing or maintaining the nuisance
  368  and shall adjudge that the costs are a lien on all personal
  369  property found in the place of the nuisance and on the failure
  370  of the property to bring enough to pay the costs, then on the
  371  real estate occupied by the nuisance. A lien may not attach to
  372  the real estate of any other than such persons unless a second
  373  written notice has been given in accordance with paragraph
  374  (3)(a) to the owner or his or her agent who fails to begin to
  375  abate the nuisance within the time specified therein. In a
  376  proceeding abating a nuisance pursuant to s. 823.10 or s.
  377  823.05, if a tenant has been convicted of an offense under
  378  chapter 893, s. 796.06, or s. 796.07, the court may order the
  379  tenant to vacate the property within 72 hours if the tenant and
  380  owner of the premises are parties to the nuisance abatement
  381  action and the order will lead to the abatement of the nuisance.
  382         Section 7. Subsection (7) of section 322.28, Florida
  383  Statutes, is amended to read:
  384         322.28 Period of suspension or revocation.—
  385         (7) Following a second or subsequent violation of s.
  386  796.07(1) s. 796.07(2)(f) which involves a motor vehicle and
  387  which results in any judicial disposition other than acquittal
  388  or dismissal, in addition to any other sentence imposed, the
  389  court shall revoke the person’s driver license or driving
  390  privilege, effective upon the date of the disposition, for a
  391  period of at least 1 year. A person sentenced under this
  392  subsection may request a hearing under s. 322.271.
  393         Section 8. Paragraph (b) of subsection (4) of section
  394  397.4073, Florida Statutes, is amended to read:
  395         397.4073 Background checks of service provider personnel.—
  396         (4) EXEMPTIONS FROM DISQUALIFICATION.—
  397         (b) For service providers that treat adolescents 13 years
  398  of age and older, service provider personnel whose background
  399  checks indicate crimes under s. 796.07(1) s. 796.07(2)(e), s.
  400  810.02(4), s. 812.014(2)(c), s. 817.563, s. 831.01, s. 831.02,
  401  s. 893.13, or s. 893.147, and any related criminal attempt,
  402  solicitation, or conspiracy under s. 777.04:
  403         1. Shall be exempted from disqualification from employment
  404  for such offenses pursuant to this paragraph if:
  405         a. At least 5 years, or at least 3 years in the case of an
  406  individual seeking certification as a peer specialist under s.
  407  397.417, have elapsed since the applicant requesting an
  408  exemption has completed or has been lawfully released from any
  409  confinement, supervision, or nonmonetary condition imposed by a
  410  court for the applicant’s most recent disqualifying offense
  411  under this paragraph.
  412         b. The applicant for an exemption has not been arrested for
  413  any offense during the 5 years, or 3 years in the case of a peer
  414  specialist, before the request for exemption.
  415         2. May be exempted from disqualification from employment
  416  for such offenses without a waiting period as provided under s.
  417  435.07(2).
  418         Section 9. Paragraph (e) of subsection (4) of section
  419  397.417, Florida Statutes, is amended to read:
  420         397.417 Peer specialists.—
  421         (4) BACKGROUND SCREENING.—
  422         (e) The background screening conducted under this
  423  subsection must ensure that a peer specialist has not been
  424  arrested for and is awaiting final disposition of, found guilty
  425  of, regardless of adjudication, or entered a plea of nolo
  426  contendere or guilty to, or been adjudicated delinquent and the
  427  record has not been sealed or expunged for, any offense
  428  prohibited under any of the following state laws or similar laws
  429  of another jurisdiction:
  430         1. Section 393.135, relating to sexual misconduct with
  431  certain developmentally disabled clients and reporting of such
  432  sexual misconduct.
  433         2. Section 394.4593, relating to sexual misconduct with
  434  certain mental health patients and reporting of such sexual
  435  misconduct.
  436         3. Section 409.920, relating to Medicaid provider fraud, if
  437  the offense was a felony of the first or second degree.
  438         4. Section 415.111, relating to abuse, neglect, or
  439  exploitation of vulnerable adults.
  440         5. Any offense that constitutes domestic violence as
  441  defined in s. 741.28.
  442         6. Section 777.04, relating to attempts, solicitation, and
  443  conspiracy to commit an offense listed in this paragraph.
  444         7. Section 782.04, relating to murder.
  445         8. Section 782.07, relating to manslaughter; aggravated
  446  manslaughter of an elderly person or a disabled adult;
  447  aggravated manslaughter of a child; or aggravated manslaughter
  448  of an officer, a firefighter, an emergency medical technician,
  449  or a paramedic.
  450         9. Section 782.071, relating to vehicular homicide.
  451         10. Section 782.09, relating to killing an unborn child by
  452  injury to the mother.
  453         11. Chapter 784, relating to assault, battery, and culpable
  454  negligence, if the offense was a felony.
  455         12. Section 787.01, relating to kidnapping.
  456         13. Section 787.02, relating to false imprisonment.
  457         14. Section 787.025, relating to luring or enticing a
  458  child.
  459         15. Section 787.04(2), relating to leading, taking,
  460  enticing, or removing a minor beyond state limits, or concealing
  461  the location of a minor, with criminal intent pending custody
  462  proceedings.
  463         16. Section 787.04(3), relating to leading, taking,
  464  enticing, or removing a minor beyond state limits, or concealing
  465  the location of a minor, with criminal intent pending dependency
  466  proceedings or proceedings concerning alleged abuse or neglect
  467  of a minor.
  468         17. Section 790.115(1), relating to exhibiting firearms or
  469  weapons within 1,000 feet of a school.
  470         18. Section 790.115(2)(b), relating to possessing an
  471  electric weapon or device, a destructive device, or any other
  472  weapon on school property.
  473         19. Section 794.011, relating to sexual battery.
  474         20. Former s. 794.041, relating to prohibited acts of
  475  persons in familial or custodial authority.
  476         21. Section 794.05, relating to unlawful sexual activity
  477  with certain minors.
  478         22. Section 794.08, relating to female genital mutilation.
  479         23. Section 796.07, relating to providing, or offering to
  480  provide, something of value in exchange for sexual activity
  481  procuring another to commit prostitution, except for those
  482  offenses expunged pursuant to s. 943.0583.
  483         24. Section 798.02, relating to lewd and lascivious
  484  behavior.
  485         25. Chapter 800, relating to lewdness and indecent
  486  exposure.
  487         26. Section 806.01, relating to arson.
  488         27. Section 810.02, relating to burglary, if the offense
  489  was a felony of the first degree.
  490         28. Section 810.14, relating to voyeurism, if the offense
  491  was a felony.
  492         29. Section 810.145, relating to video voyeurism, if the
  493  offense was a felony.
  494         30. Section 812.13, relating to robbery.
  495         31. Section 812.131, relating to robbery by sudden
  496  snatching.
  497         32. Section 812.133, relating to carjacking.
  498         33. Section 812.135, relating to home-invasion robbery.
  499         34. Section 817.034, relating to communications fraud, if
  500  the offense was a felony of the first degree.
  501         35. Section 817.234, relating to false and fraudulent
  502  insurance claims, if the offense was a felony of the first or
  503  second degree.
  504         36. Section 817.50, relating to fraudulently obtaining
  505  goods or services from a health care provider and false reports
  506  of a communicable disease.
  507         37. Section 817.505, relating to patient brokering.
  508         38. Section 817.568, relating to fraudulent use of personal
  509  identification, if the offense was a felony of the first or
  510  second degree.
  511         39. Section 825.102, relating to abuse, aggravated abuse,
  512  or neglect of an elderly person or a disabled adult.
  513         40. Section 825.1025, relating to lewd or lascivious
  514  offenses committed upon or in the presence of an elderly person
  515  or a disabled person.
  516         41. Section 825.103, relating to exploitation of an elderly
  517  person or a disabled adult, if the offense was a felony.
  518         42. Section 826.04, relating to incest.
  519         43. Section 827.03, relating to child abuse, aggravated
  520  child abuse, or neglect of a child.
  521         44. Section 827.04, relating to contributing to the
  522  delinquency or dependency of a child.
  523         45. Former s. 827.05, relating to negligent treatment of
  524  children.
  525         46. Section 827.071, relating to sexual performance by a
  526  child.
  527         47. Section 831.30, relating to fraud in obtaining
  528  medicinal drugs.
  529         48. Section 831.31, relating to the sale; manufacture;
  530  delivery; or possession with intent to sell, manufacture, or
  531  deliver of any counterfeit controlled substance, if the offense
  532  was a felony.
  533         49. Section 843.01, relating to resisting arrest with
  534  violence.
  535         50. Section 843.025, relating to depriving a law
  536  enforcement, correctional, or correctional probation officer of
  537  the means of protection or communication.
  538         51. Section 843.12, relating to aiding in an escape.
  539         52. Section 843.13, relating to aiding in the escape of
  540  juvenile inmates of correctional institutions.
  541         53. Chapter 847, relating to obscenity.
  542         54. Section 874.05, relating to encouraging or recruiting
  543  another to join a criminal gang.
  544         55. Chapter 893, relating to drug abuse prevention and
  545  control, if the offense was a felony of the second degree or
  546  greater severity.
  547         56. Section 895.03, relating to racketeering and collection
  548  of unlawful debts.
  549         57. Section 896.101, relating to the Florida Money
  550  Laundering Act.
  551         58. Section 916.1075, relating to sexual misconduct with
  552  certain forensic clients and reporting of such sexual
  553  misconduct.
  554         59. Section 944.35(3), relating to inflicting cruel or
  555  inhuman treatment on an inmate resulting in great bodily harm.
  556         60. Section 944.40, relating to escape.
  557         61. Section 944.46, relating to harboring, concealing, or
  558  aiding an escaped prisoner.
  559         62. Section 944.47, relating to introduction of contraband
  560  into a correctional institution.
  561         63. Section 985.701, relating to sexual misconduct in
  562  juvenile justice programs.
  563         64. Section 985.711, relating to introduction of contraband
  564  into a detention facility.
  565         Section 10. Subsection (2) of section 435.07, Florida
  566  Statutes, is amended to read:
  567         435.07 Exemptions from disqualification.—Unless otherwise
  568  provided by law, the provisions of this section apply to
  569  exemptions from disqualification for disqualifying offenses
  570  revealed pursuant to background screenings required under this
  571  chapter, regardless of whether those disqualifying offenses are
  572  listed in this chapter or other laws.
  573         (2) Persons employed, or applicants for employment, by
  574  treatment providers who treat adolescents 13 years of age and
  575  older who are disqualified from employment solely because of
  576  crimes under s. 796.07(1) s. 796.07(2)(e), s. 810.02(4), s.
  577  812.014(2)(c), s. 817.563, s. 831.01, s. 831.02, s. 893.13, or
  578  s. 893.147, or any related criminal attempt, solicitation, or
  579  conspiracy under s. 777.04, may be exempted from
  580  disqualification from employment pursuant to this chapter
  581  without application of the waiting period in subparagraph
  582  (1)(a)1.
  583         Section 11. Subsection (4) and paragraphs (o) and (q) of
  584  subsection (5) of section 456.074, Florida Statutes, are amended
  585  to read:
  586         456.074 Certain health care practitioners; immediate
  587  suspension of license.—
  588         (4) The department shall issue an emergency order
  589  suspending the license of a massage therapist or establishment
  590  as defined in chapter 480 upon receipt of information that the
  591  massage therapist, a person with an ownership interest in the
  592  establishment, or, for a corporation that has more than $250,000
  593  of business assets in this state, the owner, officer, or
  594  individual directly involved in the management of the
  595  establishment has been convicted or found guilty of, or has
  596  entered a plea of guilty or nolo contendere to, regardless of
  597  adjudication, a violation of s. 796.06(1) that s. 796.07(2)(a)
  598  which is reclassified under s. 796.06(4) s. 796.07(7) or a
  599  felony offense under any of the following provisions of state
  600  law or a similar provision in another jurisdiction:
  601         (a) Section 787.01, relating to kidnapping.
  602         (b) Section 787.02, relating to false imprisonment.
  603         (c) Section 787.025, relating to luring or enticing a
  604  child.
  605         (d) Section 787.06, relating to human trafficking.
  606         (e) Section 787.07, relating to human smuggling.
  607         (f) Section 794.011, relating to sexual battery.
  608         (g) Section 794.08, relating to female genital mutilation.
  609         (h) Former s. 796.03, relating to procuring a person under
  610  the age of 18 for prostitution.
  611         (i) Former s. 796.035, relating to the selling or buying of
  612  minors into prostitution.
  613         (j) Former s. 796.04 section 796.04, relating to forcing,
  614  compelling, or coercing another to become a prostitute.
  615         (k) Section 796.05, relating to deriving support from the
  616  proceeds of prostitution.
  617         (l) Section 796.07(3)(a)3. Section 796.07(4)(a)3., relating
  618  to a felony of the first third degree for a third or subsequent
  619  violation of s. 796.07, relating to prohibiting prostitution and
  620  related acts.
  621         (m) Section 800.04, relating to lewd or lascivious offenses
  622  committed upon or in the presence of persons less than 16 years
  623  of age.
  624         (n) Section 825.1025(2)(b), relating to lewd or lascivious
  625  offenses committed upon or in the presence of an elderly or
  626  disabled person.
  627         (o) Section 827.071, relating to sexual performance by a
  628  child.
  629         (p) Section 847.0133, relating to the protection of minors.
  630         (q) Section 847.0135, relating to computer pornography.
  631         (r) Section 847.0138, relating to the transmission of
  632  material harmful to minors to a minor by electronic device or
  633  equipment.
  634         (s) Section 847.0145, relating to the selling or buying of
  635  minors.
  636         (5) The department shall issue an emergency order
  637  suspending the license of any health care practitioner who is
  638  arrested for committing or attempting, soliciting, or conspiring
  639  to commit any act that would constitute a violation of any of
  640  the following criminal offenses in this state or similar
  641  offenses in another jurisdiction:
  642         (o) Former s. 796.04 section 796.04, relating to forcing,
  643  compelling, or coercing another to become a prostitute.
  644         (q) Section 796.07(3)(a)3. Section 796.07(4)(a)3., relating
  645  to a felony of the first third degree for a third or subsequent
  646  violation of s. 796.07, relating to prohibiting prostitution and
  647  related acts.
  648         Section 12. Subsection (7) of section 480.041, Florida
  649  Statutes, is amended to read:
  650         480.041 Massage therapists; qualifications; licensure;
  651  endorsement.—
  652         (7) The board shall deny an application for a new or
  653  renewal license if an applicant has been convicted or found
  654  guilty of, or enters a plea of guilty or nolo contendere to,
  655  regardless of adjudication, a violation of s. 796.06(1) s.
  656  796.07(2)(a) which is reclassified under s. 796.06(4) s.
  657  796.07(7) or a felony offense under any of the following
  658  provisions of state law or a similar provision in another
  659  jurisdiction:
  660         (a) Section 787.01, relating to kidnapping.
  661         (b) Section 787.02, relating to false imprisonment.
  662         (c) Section 787.025, relating to luring or enticing a
  663  child.
  664         (d) Section 787.06, relating to human trafficking.
  665         (e) Section 787.07, relating to human smuggling.
  666         (f) Section 794.011, relating to sexual battery.
  667         (g) Section 794.08, relating to female genital mutilation.
  668         (h) Former s. 796.03, relating to procuring a person under
  669  the age of 18 for prostitution.
  670         (i) Former s. 796.035, relating to the selling or buying of
  671  minors into prostitution.
  672         (j) Former s. 796.04 section 796.04, relating to forcing,
  673  compelling, or coercing another to become a prostitute.
  674         (k) Section 796.05, relating to deriving support from the
  675  proceeds of prostitution.
  676         (l) Section 796.07(3)(a)3. Section 796.07(4)(a)3., relating
  677  to a felony of the first third degree for a third or subsequent
  678  violation of s. 796.07, relating to prohibiting prostitution and
  679  related acts.
  680         (m) Section 800.04, relating to lewd or lascivious offenses
  681  committed upon or in the presence of persons less than 16 years
  682  of age.
  683         (n) Section 825.1025(2)(b), relating to lewd or lascivious
  684  offenses committed upon or in the presence of an elderly or
  685  disabled person.
  686         (o) Section 827.071, relating to sexual performance by a
  687  child.
  688         (p) Section 847.0133, relating to the protection of minors.
  689         (q) Section 847.0135, relating to computer pornography.
  690         (r) Section 847.0138, relating to the transmission of
  691  material harmful to minors to a minor by electronic device or
  692  equipment.
  693         (s) Section 847.0145, relating to the selling or buying of
  694  minors.
  695         Section 13. Subsection (8) of section 480.043, Florida
  696  Statutes, is amended to read:
  697         480.043 Massage establishments; requisites; licensure;
  698  inspection; human trafficking awareness training and policies.—
  699         (8) The department shall deny an application for a new or
  700  renewal license if an establishment owner or a designated
  701  establishment manager or, for a corporation that has more than
  702  $250,000 of business assets in this state, an establishment
  703  owner, a designated establishment manager, or any individual
  704  directly involved in the management of the establishment has
  705  been convicted of or entered a plea of guilty or nolo contendere
  706  to any misdemeanor or felony crime, regardless of adjudication,
  707  related to prostitution or related acts as described in s.
  708  796.06 or s. 796.07 or a felony offense under any of the
  709  following provisions of state law or a similar provision in
  710  another jurisdiction:
  711         (a) Section 787.01, relating to kidnapping.
  712         (b) Section 787.02, relating to false imprisonment.
  713         (c) Section 787.025, relating to luring or enticing a
  714  child.
  715         (d) Section 787.06, relating to human trafficking.
  716         (e) Section 787.07, relating to human smuggling.
  717         (f) Section 794.011, relating to sexual battery.
  718         (g) Section 794.08, relating to female genital mutilation.
  719         (h) Former s. 796.03, relating to procuring a person under
  720  the age of 18 for prostitution.
  721         (i) Former s. 796.035, relating to selling or buying of
  722  minors into prostitution.
  723         (j) Former s. 796.04 section 796.04, relating to forcing,
  724  compelling, or coercing another to become a prostitute.
  725         (k) Section 796.05, relating to deriving support from the
  726  proceeds of prostitution.
  727         (l) Section 800.04, relating to lewd or lascivious offenses
  728  committed upon or in the presence of persons less than 16 years
  729  of age.
  730         (m) Section 825.1025(2)(b), relating to lewd or lascivious
  731  offenses committed upon or in the presence of an elderly or
  732  disabled person.
  733         (n) Section 827.071, relating to sexual performance by a
  734  child.
  735         (o) Section 847.0133, relating to the protection of minors.
  736         (p) Section 847.0135, relating to computer pornography.
  737         (q) Section 847.0138, relating to the transmission of
  738  material harmful to minors to a minor by electronic device or
  739  equipment.
  740         (r) Section 847.0145, relating to the selling or buying of
  741  minors.
  742         Section 14. Paragraph (c) of subsection (3) of section
  743  480.046, Florida Statutes, is amended to read:
  744         480.046 Grounds for disciplinary action by the board.—
  745         (3) The board shall revoke or suspend the license of a
  746  massage establishment licensed under this act, or deny
  747  subsequent licensure of such an establishment, if any of the
  748  following occurs:
  749         (c) The establishment owner, the designated establishment
  750  manager, or any individual providing massage therapy services
  751  for the establishment has had the entry in any jurisdiction of:
  752         1. A final order or other disciplinary action taken for
  753  sexual misconduct involving prostitution;
  754         2. A final order or other disciplinary action taken for
  755  crimes related to the practice of massage therapy involving
  756  prostitution; or
  757         3. A conviction or a plea of guilty or nolo contendere to
  758  any misdemeanor or felony crime, regardless of adjudication,
  759  related to prostitution or related acts as described in s.
  760  796.06 or s. 796.07.
  761         Section 15. Paragraph (a) of subsection (1) of section
  762  772.102, Florida Statutes, is amended to read:
  763         772.102 Definitions.—As used in this chapter, the term:
  764         (1) “Criminal activity” means to commit, to attempt to
  765  commit, to conspire to commit, or to solicit, coerce, or
  766  intimidate another person to commit:
  767         (a) Any crime that is chargeable by indictment or
  768  information under the following provisions:
  769         1. Section 210.18, relating to evasion of payment of
  770  cigarette taxes.
  771         2. Section 414.39, relating to public assistance fraud.
  772         3. Section 440.105 or s. 440.106, relating to workers’
  773  compensation.
  774         4. Part IV of chapter 501, relating to telemarketing.
  775         5. Chapter 517, relating to securities transactions.
  776         6. Section 550.235 or s. 550.3551, relating to dogracing
  777  and horseracing.
  778         7. Chapter 550, relating to jai alai frontons.
  779         8. Chapter 552, relating to the manufacture, distribution,
  780  and use of explosives.
  781         9. Chapter 562, relating to beverage law enforcement.
  782         10. Section 624.401, relating to transacting insurance
  783  without a certificate of authority, s. 624.437(4)(c)1., relating
  784  to operating an unauthorized multiple-employer welfare
  785  arrangement, or s. 626.902(1)(b), relating to representing or
  786  aiding an unauthorized insurer.
  787         11. Chapter 687, relating to interest and usurious
  788  practices.
  789         12. Section 721.08, s. 721.09, or s. 721.13, relating to
  790  real estate timeshare plans.
  791         13. Chapter 782, relating to homicide.
  792         14. Chapter 784, relating to assault and battery.
  793         15. Chapter 787, relating to kidnapping or human
  794  trafficking.
  795         16. Chapter 790, relating to weapons and firearms.
  796         17. Former s. 796.03, former s. 796.04, s. 796.05, s.
  797  796.06, or s. 796.07, relating to prostitution.
  798         18. Chapter 806, relating to arson.
  799         19. Section 810.02(2)(c), relating to specified burglary of
  800  a dwelling or structure.
  801         20. Chapter 812, relating to theft, robbery, and related
  802  crimes.
  803         21. Chapter 815, relating to computer-related crimes.
  804         22. Chapter 817, relating to fraudulent practices, false
  805  pretenses, fraud generally, and credit card crimes.
  806         23. Section 827.071, relating to commercial sexual
  807  exploitation of children.
  808         24. Chapter 831, relating to forgery and counterfeiting.
  809         25. Chapter 832, relating to issuance of worthless checks
  810  and drafts.
  811         26. Section 836.05, relating to extortion.
  812         27. Chapter 837, relating to perjury.
  813         28. Chapter 838, relating to bribery and misuse of public
  814  office.
  815         29. Chapter 843, relating to obstruction of justice.
  816         30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
  817  s. 847.07, relating to obscene literature and profanity.
  818         31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
  819  849.25, relating to gambling.
  820         32. Chapter 893, relating to drug abuse prevention and
  821  control.
  822         33. Section 914.22 or s. 914.23, relating to witnesses,
  823  victims, or informants.
  824         34. Section 918.12 or s. 918.13, relating to tampering with
  825  jurors and evidence.
  826         Section 16. Paragraph (a) of subsection (3) of section
  827  787.01, Florida Statutes, is amended to read:
  828         787.01 Kidnapping; kidnapping of child under age 13,
  829  aggravating circumstances.—
  830         (3)(a) A person who commits the offense of kidnapping upon
  831  a child under the age of 13 and who, in the course of committing
  832  the offense, commits one or more of the following:
  833         1. Aggravated child abuse, as defined in s. 827.03;
  834         2. Sexual battery, as defined in chapter 794, against the
  835  child;
  836         3. Lewd or lascivious battery, lewd or lascivious
  837  molestation, lewd or lascivious conduct, or lewd or lascivious
  838  exhibition, in violation of s. 800.04 or s. 847.0135(5);
  839         4. A violation of former s. 796.03 or former s. 796.04,
  840  relating to prostitution, upon the child;
  841         5. Exploitation of the child or allowing the child to be
  842  exploited, in violation of s. 450.151; or
  843         6. A violation of s. 787.06(3)(g), relating to human
  844  trafficking,
  845  
  846  commits a life felony, punishable as provided in s. 775.082, s.
  847  775.083, or s. 775.084.
  848         Section 17. Paragraph (a) of subsection (3) of section
  849  787.02, Florida Statutes, is amended to read:
  850         787.02 False imprisonment; false imprisonment of child
  851  under age 13, aggravating circumstances.—
  852         (3)(a) A person who commits the offense of false
  853  imprisonment upon a child under the age of 13 and who, in the
  854  course of committing the offense, commits any offense enumerated
  855  in subparagraphs 1.-6. subparagraphs 1.-5., commits a felony of
  856  the first degree, punishable by imprisonment for a term of years
  857  not exceeding life or as provided in s. 775.082, s. 775.083, or
  858  s. 775.084.
  859         1. Aggravated child abuse, as defined in s. 827.03;
  860         2. Sexual battery, as defined in chapter 794, against the
  861  child;
  862         3. Lewd or lascivious battery, lewd or lascivious
  863  molestation, lewd or lascivious conduct, or lewd or lascivious
  864  exhibition, in violation of s. 800.04 or s. 847.0135(5);
  865         4. A violation of former s. 796.03 or former s. 796.04,
  866  relating to prostitution, upon the child;
  867         5. Exploitation of the child or allowing the child to be
  868  exploited, in violation of s. 450.151; or
  869         6. A violation of s. 787.06(3)(g) relating to human
  870  trafficking.
  871         Section 18. Subsection (1) of section 794.056, Florida
  872  Statutes, is amended to read:
  873         794.056 Rape Crisis Program Trust Fund.—
  874         (1) The Rape Crisis Program Trust Fund is created within
  875  the Department of Health for the purpose of providing funds for
  876  rape crisis centers in this state. Trust fund moneys shall be
  877  used exclusively for the purpose of providing services for
  878  victims of sexual assault. Funds credited to the trust fund
  879  consist of those funds collected as an additional court
  880  assessment in each case in which a defendant pleads guilty or
  881  nolo contendere to, or is found guilty of, regardless of
  882  adjudication, an offense provided in s. 775.21(6) and (10)(a),
  883  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
  884  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
  885  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
  886  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
  887  former s. 796.03; former s. 796.035; former s. 796.04; s.
  888  796.05; s. 796.06; s. 796.07(1) s. 796.07(2)(a)-(d) and (i); s.
  889  800.03; s. 800.04; s. 810.14; s. 810.145; s. 812.135; s.
  890  817.025; s. 825.102; s. 825.1025; s. 827.071; s. 836.10; s.
  891  847.0133; s. 847.0135(2); s. 847.0137; s. 847.0145; s.
  892  943.0435(4)(c), (7), (8), (9)(a), (13), and (14)(c); or s.
  893  985.701(1). Funds credited to the trust fund also shall include
  894  revenues provided by law, moneys appropriated by the
  895  Legislature, and grants from public or private entities.
  896         Section 19. Subsection (3) of section 796.08, Florida
  897  Statutes, is amended to read:
  898         796.08 Screening for HIV and sexually transmissible
  899  diseases; providing penalties.—
  900         (3) A person convicted under s. 796.07 of providing, or
  901  offering to provide, something of value in exchange for sexual
  902  activity prostitution or procuring another to commit
  903  prostitution must undergo screening for a sexually transmissible
  904  disease, including, but not limited to, screening to detect
  905  exposure to the human immunodeficiency virus, under direction of
  906  the Department of Health. If the person is infected, he or she
  907  must submit to treatment and counseling prior to release from
  908  probation, community control, or incarceration. Notwithstanding
  909  the provisions of s. 384.29, the results of tests conducted
  910  pursuant to this subsection shall be made available by the
  911  Department of Health to the offender, medical personnel,
  912  appropriate state agencies, state attorneys, and courts of
  913  appropriate jurisdiction in need of such information in order to
  914  enforce the provisions of this chapter.
  915         Section 20. Subsection (2) of section 796.09, Florida
  916  Statutes, is amended to read:
  917         796.09 Coercion; civil cause of action; evidence; defenses;
  918  attorney’s fees.—
  919         (2) As used in this section, the term “prostitution” has
  920  the same meaning as in s. 796.011 s. 796.07.
  921         Section 21. Subsection (2) of section 893.138, Florida
  922  Statutes, is amended to read:
  923         893.138 Local administrative action to abate certain
  924  activities declared public nuisances.—
  925         (2) Any place or premises that has been used:
  926         (a) On more than two occasions within a 6-month period, as
  927  the site of a violation of s. 796.06 or s. 796.07;
  928         (b) On more than two occasions within a 6-month period, as
  929  the site of the unlawful sale, delivery, manufacture, or
  930  cultivation of any controlled substance;
  931         (c) On one occasion as the site of the unlawful possession
  932  of a controlled substance, where such possession constitutes a
  933  felony and that has been previously used on more than one
  934  occasion as the site of the unlawful sale, delivery,
  935  manufacture, or cultivation of any controlled substance;
  936         (d) By a criminal gang for the purpose of conducting
  937  criminal gang activity as defined by s. 874.03;
  938         (e) On more than two occasions within a 6-month period, as
  939  the site of a violation of s. 812.019 relating to dealing in
  940  stolen property;
  941         (f) On two or more occasions within a 6-month period, as
  942  the site of a violation of chapter 499; or
  943         (g) On more than two occasions within a 6-month period, as
  944  the site of a violation of any combination of the following:
  945         1. Section 782.04, relating to murder;
  946         2. Section 782.051, relating to attempted felony murder;
  947         3. Section 784.045(1)(a)2., relating to aggravated battery
  948  with a deadly weapon; or
  949         4. Section 784.021(1)(a), relating to aggravated assault
  950  with a deadly weapon without intent to kill,
  951  
  952  may be declared to be a public nuisance, and such nuisance may
  953  be abated pursuant to the procedures provided in this section.
  954         Section 22. Paragraph (a) of subsection (8) of section
  955  895.02, Florida Statutes, is amended to read:
  956         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
  957         (8) “Racketeering activity” means to commit, to attempt to
  958  commit, to conspire to commit, or to solicit, coerce, or
  959  intimidate another person to commit:
  960         (a) Any crime that is chargeable by petition, indictment,
  961  or information under the following provisions of the Florida
  962  Statutes:
  963         1. Section 210.18, relating to evasion of payment of
  964  cigarette taxes.
  965         2. Section 316.1935, relating to fleeing or attempting to
  966  elude a law enforcement officer and aggravated fleeing or
  967  eluding.
  968         3. Chapter 379, relating to the illegal sale, purchase,
  969  collection, harvest, capture, or possession of wild animal life,
  970  freshwater aquatic life, or marine life, and related crimes.
  971         4. Section 403.727(3)(b), relating to environmental
  972  control.
  973         5. Section 409.920 or s. 409.9201, relating to Medicaid
  974  fraud.
  975         6. Section 414.39, relating to public assistance fraud.
  976         7. Section 440.105 or s. 440.106, relating to workers’
  977  compensation.
  978         8. Section 443.071(4), relating to creation of a fictitious
  979  employer scheme to commit reemployment assistance fraud.
  980         9. Section 465.0161, relating to distribution of medicinal
  981  drugs without a permit as an Internet pharmacy.
  982         10. Section 499.0051, relating to crimes involving
  983  contraband, adulterated, or misbranded drugs.
  984         11. Part IV of chapter 501, relating to telemarketing.
  985         12. Chapter 517, relating to sale of securities and
  986  investor protection.
  987         13. Section 550.235 or s. 550.3551, relating to dogracing
  988  and horseracing.
  989         14. Chapter 550, relating to jai alai frontons.
  990         15. Section 551.109, relating to slot machine gaming.
  991         16. Chapter 552, relating to the manufacture, distribution,
  992  and use of explosives.
  993         17. Chapter 560, relating to money transmitters, if the
  994  violation is punishable as a felony.
  995         18. Chapter 562, relating to beverage law enforcement.
  996         19. Section 624.401, relating to transacting insurance
  997  without a certificate of authority, s. 624.437(4)(c)1., relating
  998  to operating an unauthorized multiple-employer welfare
  999  arrangement, or s. 626.902(1)(b), relating to representing or
 1000  aiding an unauthorized insurer.
 1001         20. Section 655.50, relating to reports of currency
 1002  transactions, when such violation is punishable as a felony.
 1003         21. Chapter 687, relating to interest and usurious
 1004  practices.
 1005         22. Section 721.08, s. 721.09, or s. 721.13, relating to
 1006  real estate timeshare plans.
 1007         23. Section 775.13(5)(b), relating to registration of
 1008  persons found to have committed any offense for the purpose of
 1009  benefiting, promoting, or furthering the interests of a criminal
 1010  gang.
 1011         24. Section 777.03, relating to commission of crimes by
 1012  accessories after the fact.
 1013         25. Chapter 782, relating to homicide.
 1014         26. Chapter 784, relating to assault and battery.
 1015         27. Chapter 787, relating to kidnapping, human smuggling,
 1016  or human trafficking.
 1017         28. Chapter 790, relating to weapons and firearms.
 1018         29. Chapter 794, relating to sexual battery, but only if
 1019  such crime was committed with the intent to benefit, promote, or
 1020  further the interests of a criminal gang, or for the purpose of
 1021  increasing a criminal gang member’s own standing or position
 1022  within a criminal gang.
 1023         30. Former s. 796.03, former s. 796.035, former s. 796.04,
 1024  s. 796.05, s. 796.06, or s. 796.07, relating to prostitution.
 1025         31. Chapter 806, relating to arson and criminal mischief.
 1026         32. Chapter 810, relating to burglary and trespass.
 1027         33. Chapter 812, relating to theft, robbery, and related
 1028  crimes.
 1029         34. Chapter 815, relating to computer-related crimes.
 1030         35. Chapter 817, relating to fraudulent practices, false
 1031  pretenses, fraud generally, credit card crimes, and patient
 1032  brokering.
 1033         36. Chapter 825, relating to abuse, neglect, or
 1034  exploitation of an elderly person or disabled adult.
 1035         37. Section 827.071, relating to commercial sexual
 1036  exploitation of children.
 1037         38. Section 828.122, relating to fighting or baiting
 1038  animals.
 1039         39. Chapter 831, relating to forgery and counterfeiting.
 1040         40. Chapter 832, relating to issuance of worthless checks
 1041  and drafts.
 1042         41. Section 836.05, relating to extortion.
 1043         42. Chapter 837, relating to perjury.
 1044         43. Chapter 838, relating to bribery and misuse of public
 1045  office.
 1046         44. Chapter 843, relating to obstruction of justice.
 1047         45. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
 1048  s. 847.07, relating to obscene literature and profanity.
 1049         46. Chapter 849, relating to gambling, lottery, gambling or
 1050  gaming devices, slot machines, or any of the provisions within
 1051  that chapter.
 1052         47. Chapter 874, relating to criminal gangs.
 1053         48. Chapter 893, relating to drug abuse prevention and
 1054  control.
 1055         49. Chapter 896, relating to offenses related to financial
 1056  transactions.
 1057         50. Sections 914.22 and 914.23, relating to tampering with
 1058  or harassing a witness, victim, or informant, and retaliation
 1059  against a witness, victim, or informant.
 1060         51. Sections 918.12 and 918.13, relating to tampering with
 1061  jurors and evidence.
 1062         Section 23. Section 938.085, Florida Statutes, is amended
 1063  to read:
 1064         938.085 Additional cost to fund rape crisis centers.—In
 1065  addition to any sanction imposed when a person pleads guilty or
 1066  nolo contendere to, or is found guilty of, regardless of
 1067  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
 1068  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
 1069  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
 1070  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
 1071  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
 1072  796.03; former s. 796.035; former s. 796.04; s. 796.05; s.
 1073  796.06; s. 796.07(1) s. 796.07(2)(a)-(d) and (i); s. 800.03; s.
 1074  800.04; s. 810.14; s. 810.145; s. 812.135; s. 817.025; s.
 1075  825.102; s. 825.1025; s. 827.071; s. 836.10; s. 847.0133; s.
 1076  847.0135(2); s. 847.0137; s. 847.0145; s. 943.0435(4)(c), (7),
 1077  (8), (9)(a), (13), and (14)(c); or s. 985.701(1), the court
 1078  shall impose a surcharge of $151. Payment of the surcharge shall
 1079  be a condition of probation, community control, or any other
 1080  court-ordered supervision. The sum of $150 of the surcharge
 1081  shall be deposited into the Rape Crisis Program Trust Fund
 1082  established within the Department of Health by chapter 2003-140,
 1083  Laws of Florida. The clerk of the court shall retain $1 of each
 1084  surcharge that the clerk of the court collects as a service
 1085  charge of the clerk’s office.
 1086         Section 24. This act shall take effect October 1, 2024.