Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 796
       
       
       
       
       
       
                                Ì420820nÎ420820                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/23/2024           .                                
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       The Committee on Fiscal Policy (Yarborough) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (12) of section 16.618, Florida
    6  Statutes, is amended to read:
    7         16.618 Direct-support organization.—
    8         (12) This section is repealed October 1, 2029 2024, unless
    9  reviewed and saved from repeal by the Legislature.
   10         Section 2. Paragraph (b) of subsection (8) of section
   11  394.875, Florida Statutes, is amended to read:
   12         394.875 Crisis stabilization units, residential treatment
   13  facilities, and residential treatment centers for children and
   14  adolescents; authorized services; license required.—
   15         (8)
   16         (b) Residential treatment centers for children and
   17  adolescents must conspicuously place signs on their premises to
   18  warn children and adolescents of the dangers of human
   19  trafficking and to encourage the reporting of individuals
   20  observed attempting to engage in human trafficking activity. The
   21  signs must contain the telephone number for the Florida Human
   22  Trafficking Hotline, 1-855-FLA-SAFE, the National Human
   23  Trafficking Hotline or such other number that the Department of
   24  Law Enforcement uses to detect and stop human trafficking. The
   25  department, in consultation with the agency, shall specify, at a
   26  minimum, the content of the signs by rule.
   27         Section 3. Subsection (3) of section 456.0341, Florida
   28  Statutes, is amended to read:
   29         456.0341 Requirements for instruction on human
   30  trafficking.—The requirements of this section apply to each
   31  person licensed or certified under chapter 457; chapter 458;
   32  chapter 459; chapter 460; chapter 461; chapter 463; chapter 465;
   33  chapter 466; part II, part III, part V, or part X of chapter
   34  468; chapter 480; or chapter 486.
   35         (3) By January 1, 2025 2021, the licensees or
   36  certificateholders shall post in their place of work in a
   37  conspicuous place accessible to employees a sign at least 11
   38  inches by 15 inches in size, printed in a clearly legible font
   39  and in at least a 32-point type, which substantially states in
   40  English and Spanish:
   41  
   42  “If you or someone you know is being forced to engage in an
   43  activity and cannot leave, whether it is prostitution,
   44  housework, farm work, factory work, retail work, restaurant
   45  work, or any other activity, call the Florida Human Trafficking
   46  Hotline, 1-855-FLA-SAFE, the National Human Trafficking Resource
   47  Center at 888-373-7888 or text INFO or HELP to 233-733 to access
   48  help and services. Victims of slavery and human trafficking are
   49  protected under United States and Florida law.”
   50         Section 4. Subsection (13) of section 480.043, Florida
   51  Statutes, is amended to read:
   52         480.043 Massage establishments; requisites; licensure;
   53  inspection; human trafficking awareness training and policies.—
   54         (13) By January 1, 2025 2021, a massage establishment shall
   55  implement a procedure for reporting suspected human trafficking
   56  to the Florida Human Trafficking Hotline, 1-855-FLA-SAFE, the
   57  National Human Trafficking Hotline or to a local law enforcement
   58  agency and shall post in a conspicuous place in the
   59  establishment which is accessible to employees a sign with the
   60  relevant provisions of the reporting procedure.
   61         Section 5. Subsections (1) and (3) of section 509.096,
   62  Florida Statutes, are amended to read:
   63         509.096 Human trafficking awareness training and policies
   64  for employees of public lodging establishments; enforcement.—
   65         (1) A public lodging establishment shall:
   66         (a) Provide annual training regarding human trafficking
   67  awareness to employees of the establishment who perform
   68  housekeeping duties in the rental units or who work at the front
   69  desk or reception area where guests ordinarily check in or check
   70  out. Such training must also be provided for new employees
   71  within 60 days after they begin their employment in those roles,
   72  or by January 1, 2021, whichever occurs later. Each employee
   73  must submit to the hiring establishment a signed and dated
   74  acknowledgment of having received the training, which the
   75  establishment must provide to the Department of Business and
   76  Professional Regulation upon request. The establishment may keep
   77  such acknowledgment electronically.
   78         (b) By January 1, 2021, Implement a procedure for the
   79  reporting of suspected human trafficking to the National Human
   80  Trafficking Hotline or to a local law enforcement agency.
   81         (c) By January 1, 2025 2021, post in a conspicuous location
   82  in the establishment which is accessible to employees a human
   83  trafficking public awareness sign at least 11 inches by 15
   84  inches in size, printed in an easily legible font and in at
   85  least 32-point type, which states in English and Spanish and any
   86  other language predominantly spoken in that area which the
   87  department deems appropriate substantially the following:
   88  
   89  “If you or someone you know is being forced to engage in an
   90  activity and cannot leave, whether it is prostitution,
   91  housework, farm work, factory work, retail work, restaurant
   92  work, or any other activity, call the Florida Human Trafficking
   93  Hotline, 1-855-FLA-SAFE, the National Human Trafficking Resource
   94  Center at 888-373-7888 or text INFO or HELP to 233-733 to access
   95  help and services. Victims of slavery and human trafficking are
   96  protected under United States and Florida law.”
   97         (3) For a violation committed on or after July 1, 2023, The
   98  division shall impose an administrative fine of $2,000 per day
   99  on a public lodging establishment that is not in compliance with
  100  this section and remit the fines to the direct-support
  101  organization established under s. 16.618, unless the division
  102  receives adequate written documentation from the public lodging
  103  establishment which provides assurance that each deficiency will
  104  be corrected within 45 days after the division provided the
  105  public lodging establishment with notice of its violation. For a
  106  second or subsequent violation of this subsection committed on
  107  or after July 1, 2023, the division may not provide a correction
  108  period to a public lodging establishment and must impose the
  109  applicable administrative fines.
  110         Section 6. Section 562.13, Florida Statutes, is amended to
  111  read:
  112         562.13 Employment of minors or certain other persons by
  113  certain vendors prohibited; exceptions.—
  114         (1) Unless otherwise provided in this section, it is
  115  unlawful for any vendor licensed under the Beverage Law to
  116  employ any person under 18 years of age.
  117         (2) This section shall not apply to:
  118         (a) Professional entertainers 17 years of age who are not
  119  in school.
  120         (b) Minors employed in the entertainment industry, as
  121  defined by s. 450.012(5), who have either been granted a waiver
  122  under s. 450.095 or employed under the terms of s. 450.132 or
  123  under rules adopted pursuant to either of these sections.
  124         (c) Persons under the age of 18 years who are employed in
  125  drugstores, grocery stores, department stores, florists,
  126  specialty gift shops, or automobile service stations which have
  127  obtained licenses to sell beer or beer and wine, when such sales
  128  are made for consumption off the premises.
  129         (d) Persons 17 years of age or over or any person
  130  furnishing evidence that he or she is a senior high school
  131  student with written permission of the principal of said senior
  132  high school or that he or she is a senior high school graduate,
  133  or any high school graduate, employed by a bona fide food
  134  service establishment where alcoholic beverages are sold,
  135  provided such persons do not participate in the sale,
  136  preparation, or service of the beverages and that their duties
  137  are of such nature as to provide them with training and
  138  knowledge as might lead to further advancement in food service
  139  establishments.
  140         (e) Persons under the age of 18 years employed as bellhops,
  141  elevator operators, and others in hotels when such employees are
  142  engaged in work apart from the portion of the hotel property
  143  where alcoholic beverages are offered for sale for consumption
  144  on the premises.
  145         (f) Persons under the age of 18 years employed in bowling
  146  alleys in which alcoholic beverages are sold or consumed, so
  147  long as such minors do not participate in the sale, preparation,
  148  or service of such beverages.
  149         (g) Persons under the age of 18 years employed by a bona
  150  fide dinner theater as defined in this paragraph, as long as
  151  their employment is limited to the services of an actor,
  152  actress, or musician. For the purposes of this paragraph, a
  153  dinner theater means a theater presenting consecutive
  154  productions playing no less than 3 weeks each in conjunction
  155  with dinner service on a regular basis. In addition, both events
  156  must occur in the same room, and the only advertised price of
  157  admission must include both the cost of the meal and the
  158  attendance at the performance.
  159         (h) Persons under the age of 18 years who are employed in
  160  places of business licensed under s. 565.02(6), provided such
  161  persons do not participate in the sale, preparation, or service
  162  of alcoholic beverages.
  163  
  164  However, a minor who qualifies for one of the exceptions in this
  165  subsection to whom this subsection otherwise applies may not be
  166  employed as or perform if the employment, whether as a
  167  professional entertainer or otherwise if such employment,
  168  involves nudity, as defined in s. 847.001, on the part of the
  169  minor and such nudity is intended as a form of adult
  170  entertainment, or be employed by an adult entertainment
  171  establishment, as defined in s. 847.001.
  172         (3)(a) It is unlawful for any vendor licensed under the
  173  beverage law to employ as a manager or person in charge or as a
  174  bartender any person:
  175         1. Who has been convicted within the last past 5 years of
  176  any offense against the beverage laws of this state, the United
  177  States, or any other state.
  178         2. Who has been convicted within the last past 5 years in
  179  this state or any other state or the United States of soliciting
  180  for prostitution, pandering, letting premises for prostitution,
  181  keeping a disorderly place, or any felony violation of chapter
  182  893 or the controlled substances act of any other state or the
  183  Federal Government.
  184         3. Who has, in the last past 5 years, been convicted of any
  185  felony in this state, any other state, or the United States.
  186  
  187  The term “conviction” shall include an adjudication of guilt on
  188  a plea of guilty or nolo contendere or forfeiture of a bond when
  189  such person is charged with a crime.
  190         (b) This subsection shall not apply to any vendor licensed
  191  under the provisions of s. 563.02(1)(a) or s. 564.02(1)(a).
  192         Section 7. Subsection (13) is added to section 787.06,
  193  Florida Statutes, to read:
  194         787.06 Human trafficking.—
  195         (13) When a contract is executed, renewed, or extended
  196  between a nongovernmental entity and a governmental entity, the
  197  nongovernmental entity must provide the governmental entity with
  198  an affidavit signed by an officer or a representative of the
  199  nongovernmental entity under penalty of perjury attesting that
  200  the nongovernmental entity does not use coercion for labor or
  201  services as defined in this section. For purposes of this
  202  subsection, the term “governmental entity” has the same meaning
  203  as in s. 287.138(1).
  204         Section 8. Subsection (4) of section 787.29, Florida
  205  Statutes, is amended to read:
  206         787.29 Human trafficking public awareness signs.—
  207         (4) The required public awareness sign must be at least 8.5
  208  inches by 11 inches in size, must be printed in at least a 16
  209  point type, and must state substantially the following in
  210  English and Spanish:
  211  
  212  “If you or someone you know is being forced to engage in an
  213  activity and cannot leave—whether it is prostitution, housework,
  214  farm work, factory work, retail work, restaurant work, or any
  215  other activity—call the Florida Human Trafficking Hotline, 1
  216  855-FLA-SAFE, the National Human Trafficking Resource Center at
  217  1-888-373-7888 or text INFO or HELP to 233-733 to access help
  218  and services. Victims of slavery and human trafficking are
  219  protected under United States and Florida law.”
  220         Section 9. Section 787.30, Florida Statutes, is created to
  221  read:
  222         787.30Employing persons under the age of 21 years in adult
  223  entertainment establishments prohibited.—
  224         (1)As used in this section, the term:
  225         (a)“Adult entertainment establishment” has the same
  226  meaning as in s. 847.001.
  227         (b)“Nude” means the showing of the human male or female
  228  genitals, pubic area, or buttock with less than a fully opaque
  229  covering; or the showing of the female breast with less than a
  230  fully opaque covering of any portion thereof below the top of
  231  the nipple; or the depiction of covered male genitals in a
  232  discernibly turgid state. A mother’s breastfeeding of her baby
  233  does not under any circumstance constitute nudity, regardless of
  234  whether the nipple is covered during or incidental to feeding.
  235         (2)(a)Except as provided in paragraph (b), an owner, a
  236  manager, an employee, or a contractor of an adult entertainment
  237  establishment who knowingly employs, contracts with, contracts
  238  with another person to employ, or otherwise permits a person
  239  younger than 21 years of age to perform or work in an adult
  240  entertainment establishment commits a misdemeanor of the first
  241  degree, punishable as provided in s. 775.082 or s. 775.083.
  242         (b)An owner, a manager, an employee, or a contractor of an
  243  adult entertainment establishment who knowingly employs,
  244  contracts with, contracts with another person to employ, or
  245  otherwise permits a person younger than 21 years of age to
  246  perform or work while nude in an adult entertainment
  247  establishment commits a felony of the second degree, punishable
  248  as provided in s. 775.082, s. 775.083, or s. 775.084.
  249         (3)An owner, a manager, an employee, or a contractor of an
  250  adult entertainment establishment who permits a person to
  251  perform as an entertainer or work in any capacity for the
  252  establishment shall carefully check the person’s driver license
  253  or identification card issued by this state or another state of
  254  the United States, a passport, or a United States Uniformed
  255  Services identification card presented by the person and act in
  256  good faith and in reliance upon the representation and
  257  appearance of the person in the belief that the person is 21
  258  years of age or older.
  259         (4) For purposes of this section, a person’s ignorance of
  260  another person’s age or a person’s misrepresentation of his or
  261  her age may not be raised as a defense in a prosecution for a
  262  violation of this section.
  263         Section 10. This act shall take effect July 1, 2024.
  264  
  265  ================= T I T L E  A M E N D M E N T ================
  266  And the title is amended as follows:
  267         Delete everything before the enacting clause
  268  and insert:
  269                        A bill to be entitled                      
  270         An act relating to anti-human trafficking; amending s.
  271         16.618, F.S.; extending the future repeal date of the
  272         direct-support organization for the Statewide Council
  273         on Human Trafficking; amending ss. 394.875, 456.0341,
  274         and 480.043, F.S.; revising the hotline telephone
  275         number to be included in human trafficking awareness
  276         signs; amending s. 509.096, F.S.; deleting obsolete
  277         provisions; revising the hotline telephone number to
  278         be included in human trafficking awareness signs;
  279         amending s. 562.13, F.S.; revising applicability of
  280         provisions governing the employment of minors by
  281         vendors licensed under the Beverage Law; amending s.
  282         787.06, F.S.; requiring that contractors with
  283         governmental entities attest that they do not use
  284         coercion for labor or services; defining the term
  285         “governmental entity”; amending s. 787.29, F.S.;
  286         revising the hotline telephone number to be included
  287         in human trafficking awareness signs; creating s.
  288         787.30, F.S.; defining terms; prohibiting the
  289         employment of persons younger than 21 years of age in
  290         adult entertainment establishments; providing criminal
  291         penalties; requiring adult entertainment
  292         establishments to check identification of
  293         entertainers; specifying forms of identification that
  294         may be used; prohibiting the raising of specified
  295         arguments as a defense in a prosecution for certain
  296         violations; providing an effective date.
  297  
  298         WHEREAS, Florida is ranked third nationally for reported
  299  cases of human trafficking abuses, many of which involved sex
  300  trafficking, and
  301         WHEREAS, adult entertainment establishments are widely
  302  recognized as being a significant part of the sex trafficking
  303  network used by traffickers to coerce and facilitate men, women,
  304  and children into performing sexual acts, which places the
  305  employees of these establishments in direct and frequent contact
  306  with the victims of human trafficking, and
  307         WHEREAS, victims of sex trafficking are frequently
  308  recruited to work as performers or employees in adult
  309  entertainment establishments, and
  310         WHEREAS, researchers have found that sex trafficking
  311  victims are more likely to be trafficked by someone from within
  312  her or his own community, and
  313         WHEREAS, persons younger than 21 years of age are more
  314  likely to still remain within and dependent on the community in
  315  which they were raised, and
  316         WHEREAS, research studies have identified the average age
  317  at which a person in the United States enters the sex trade for
  318  the first time as 17 years of age, and
  319         WHEREAS, sex trade at adult entertainment establishments is
  320  a common occurrence in Florida, thereby subjecting performers at
  321  these establishments to frequent propositions and enticements to
  322  engage in sex trade actions and sex trafficking from customers,
  323  as well as strip club employees, managers, and owners, and
  324         WHEREAS, an understanding of history and human nature
  325  reveals that there are sex criminals of various kinds who will
  326  prey on the young and vulnerable, and
  327         WHEREAS, restricting the employment of persons younger than
  328  21 years of age at adult entertainment establishments furthers
  329  an important state interest of protecting those vulnerable
  330  individuals from sex trafficking, drug abuse, and other harm,
  331  and
  332         WHEREAS, many court opinions recognize that, while
  333  expressive activities are entitled to some First Amendment
  334  protections at adult entertainment establishments, content
  335  neutral restrictions or regulations intended to minimize the
  336  secondary harmful effects of those businesses tend to be upheld,
  337  and
  338         WHEREAS, on November 16, 2018, the federal Fifth Circuit
  339  Court of Appeals, in the case of Jane Doe I v. Landry, 909 F.3d
  340  99 (5th Cir. 2018), upheld a Louisiana law that prohibited
  341  establishments licensed to serve alcohol from employing nearly
  342  nude entertainers younger than 21 years of age on the grounds
  343  that the law furthered the state’s interests in curbing human
  344  trafficking and prostitution, and
  345         WHEREAS, the federal district court in Valadez v. Paxton,
  346  553 F.Supp.3d 387 (W.D. Tex. 2021), denied a motion for a
  347  preliminary injunction against the enforcement of Texas Senate
  348  Bill 315 prohibiting “all working relationships between 18-20
  349  year-olds and sexually-oriented businesses” because the
  350  plaintiffs failed to show that the age restrictions were not
  351  rationally related to the state’s interest in curbing human
  352  trafficking, and
  353         WHEREAS, the federal district court in DC Operating, LLC v.
  354  Paxton, 586 F.Supp.3d 554 (W.D. Tex. 2022), denied a motion for
  355  a preliminary injunction against Texas Senate Bill 315, at least
  356  in part, because of the state’s evidence of the correlation
  357  between raising the minimum employment age and reducing human
  358  trafficking, and
  359         WHEREAS, the federal district court in Wacko’s Too, Inc.,
  360  v. City of Jacksonville, 658 F.Supp.3d 1086 (M.D. Fla. 2023),
  361  upheld age restrictions in a City of Jacksonville ordinance
  362  requiring performers at adult entertainment establishments to be
  363  at least 21 years of age based, at least in part, on evidence
  364  that there was a reasonable basis to believe that the age
  365  restrictions would further the city’s interest in preventing
  366  human and sex trafficking, NOW, THEREFORE,