Bill Text: FL S1106 | 2015 | Regular Session | Comm Sub
Bill Title: Human Trafficking
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-04-22 - Laid on Table, companion bill(s) passed, see CS/CS/HB 465 (Ch. 2015-145), HB 467 (Ch. 2015-146), HB 469 (Ch. 2015-147) [S1106 Detail]
Download: Florida-2015-S1106-Comm_Sub.html
Florida Senate - 2015 CS for SB 1106 By the Committee on Appropriations; and Senator Flores 576-04267-15 20151106c1 1 A bill to be entitled 2 An act relating to human trafficking; amending s. 3 796.07, F.S.; providing enhanced criminal penalties 4 for soliciting another to commit prostitution and 5 similar offenses; requiring persons convicted of such 6 offenses to perform community service and pay for and 7 attend an education program; requiring the court to 8 impose minimum mandatory terms of incarceration for 9 persons convicted two or more times of soliciting 10 another to commit prostitution and similar offenses; 11 providing for impoundment of a vehicle used in 12 soliciting another to commit prostitution and similar 13 offenses; providing an opportunity for owners to 14 prevent the impoundment or immobilization in certain 15 circumstances; amending s. 943.0583, F.S.; providing 16 that any court in the circuit in which the petitioner 17 was arrested may expunge the criminal history record 18 of a victim of human trafficking; requiring a judge to 19 allow an advocate to be present with a human 20 trafficking victim in an expunction hearing in certain 21 circumstances; amending ss. 456.074, 480.041, and 22 480.043, F.S.; conforming provisions to changes made 23 by the act; providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Section 796.07, Florida Statutes, is amended to 28 read: 29 796.07 Prohibiting prostitution and related acts.— 30 (1) As used in this section: 31 (a) “Prostitution” means the giving or receiving of the 32 body for sexual activity for hire but excludes sexual activity 33 between spouses. 34 (b) “Lewdness” means any indecent or obscene act. 35 (c) “Assignation” means the making of any appointment or 36 engagement for prostitution or lewdness, or any act in 37 furtherance of such appointment or engagement. 38 (d) “Sexual activity” means oral, anal, or vaginal 39 penetration by, or union with, the sexual organ of another; anal 40 or vaginal penetration of another by any other object; or the 41 handling or fondling of the sexual organ of another for the 42 purpose of masturbation; however, the term does not include acts 43 done for bona fide medical purposes. 44 (2) It is unlawful: 45 (a) To own, establish, maintain, or operate any place, 46 structure, building, or conveyance for the purpose of lewdness, 47 assignation, or prostitution. 48 (b) To offer, or to offer or agree to secure, another for 49 the purpose of prostitution or for any other lewd or indecent 50 act. 51 (c) To receive, or to offer or agree to receive, any person 52 into any place, structure, building, or conveyance for the 53 purpose of prostitution, lewdness, or assignation, or to permit 54 any person to remain there for such purpose. 55 (d) To direct, take, or transport, or to offer or agree to 56 direct, take, or transport, any person to any place, structure, 57 or building, or to any other person, with knowledge or 58 reasonable cause to believe that the purpose of such directing, 59 taking, or transporting is prostitution, lewdness, or 60 assignation. 61 (e) To offer to commit, or to commit, or to engage in, 62 prostitution, lewdness, or assignation. 63 (f) To solicit, induce, entice, or procure another to 64 commit prostitution, lewdness, or assignation. 65 (g) To reside in, enter, or remain in, any place, 66 structure, or building, or to enter or remain in any conveyance, 67 for the purpose of prostitution, lewdness, or assignation. 68 (h) To aid, abet, or participate in any of the acts or 69 things enumerated in this subsection. 70 (i) To purchase the services of any person engaged in 71 prostitution. 72 (3)(a) In the trial of a person charged with a violation of 73 this section, testimony concerning the reputation of any place, 74 structure, building, or conveyance involved in the charge, 75 testimony concerning the reputation of any person residing in, 76 operating, or frequenting such place, structure, building, or 77 conveyance, and testimony concerning the reputation of the 78 defendant is admissible in evidence in support of the charge. 79 (b) Notwithstanding any other provision of law, a police 80 officer may testify as an offended party in an action regarding 81 charges filed pursuant to this section. 82 (4)(a) A person who violates any provision of this section, 83 other than paragraph (2)(f), commits: 84 1.(a)A misdemeanor of the second degree for a first 85 violation, punishable as provided in s. 775.082 or s. 775.083. 86 2.(b)A misdemeanor of the first degree for a second 87 violation, punishable as provided in s. 775.082 or s. 775.083. 88 3.(c)A felony of the third degree for a third or 89 subsequent violation, punishable as provided in s. 775.082, s. 90 775.083, or s. 775.084. 91 (b)(5)A person who is charged with a third or subsequent 92 violation of this section, other than paragraph (2)(f), shall be 93 offered admission to a pretrial intervention program or a 94 substance abuse treatment program as provided in s. 948.08. 95 (5)(a) A person who violates paragraph (2)(f) commits: 96 1. A misdemeanor of the first degree for a first violation, 97 punishable as provided in s. 775.082 or s. 775.083. 98 2. A felony of the third degree for a second violation, 99 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 100 3. A felony of the second degree for a third or subsequent 101 violation, punishable as provided in s. 775.082, s. 775.083, or 102 s. 775.084. 103 (b) In addition to any other penalty imposed, the court 104 shall order a person convicted of a violation of paragraph 105 (2)(f) to: 106 1. Perform 100 hours of community service; and 107 2. Pay for and attend an educational program about the 108 negative effects of prostitution and human trafficking, such as 109 a sexual violence prevention education program, if such program 110 exists in the judicial circuit in which the offender is 111 sentenced. 112 (c) In addition to any other penalty imposed, the court 113 shall sentence a person convicted of a second or subsequent 114 violation of paragraph (2)(f) to a minimum mandatory period of 115 incarceration of 10 days. 116 (d)1. If a person who violates paragraph (2)(f) uses a 117 vehicle in the course of the violation, the judge, upon the 118 person’s conviction, may issue an order for the impoundment or 119 immobilization of the vehicle for a period of up to 60 days. The 120 order of impoundment or immobilization must include the names 121 and telephone numbers of all immobilization agencies meeting all 122 of the conditions of s. 316.193(13). Within 7 business days 123 after the date that the court issues the order of impoundment or 124 immobilization, the clerk of the court must send notice by 125 certified mail, return receipt requested, to the registered 126 owner of the vehicle, if the registered owner is a person other 127 than the defendant, and to each person of record claiming a lien 128 against the vehicle. 129 2. The owner of the vehicle may request the court to 130 dismiss the order. The court must dismiss the order, and the 131 owner of the vehicle will incur no costs, if the owner of the 132 vehicle alleges and the court finds to be true any of the 133 following: 134 a. The owner’s family has no other private or public means 135 of transportation; 136 b. The vehicle was stolen at the time of the offense; 137 c. The owner purchased the vehicle after the offense was 138 committed, and the sale was not made to circumvent the order and 139 allow the defendant continued access to the vehicle; or 140 d. The vehicle is owned by the defendant but is operated 141 solely by employees of the defendant or employees of a business 142 owned by the defendant. 143 3. If the court denies the request to dismiss the order, 144 the petitioner may request an evidentiary hearing. If, at the 145 evidentiary hearing, the court finds to be true any of the 146 circumstances described in sub-subparagraphs 2.a.-d., the court 147 must dismiss the order and the owner of the vehicle will incur 148 no costs. 149 (6) A person who violates paragraph (2)(f) shall be 150 assessed a civil penalty of $5,000 if the violation results in 151 any judicial disposition other than acquittal or dismissal. Of 152 the proceeds from each penalty assessed under this subsection, 153 the first $500 shall be paid to the circuit court administrator 154 for the sole purpose of paying the administrative costs of 155 treatment-based drug court programs provided under s. 397.334. 156 The remainder of the penalty assessed shall be deposited in the 157 Operations and Maintenance Trust Fund of the Department of 158 Children and Families for the sole purpose of funding safe 159 houses and safe foster homes as provided in s. 409.1678. 160 Section 2. Subsections (2) and (7) and paragraph (a) of 161 subsection (8) of section 943.0583, Florida Statutes, are 162 amended to read: 163 943.0583 Human trafficking victim expunction.— 164 (2) Notwithstanding any other provision of law, upon the 165 filing of a petition as provided in this section, any court in 166 the circuit in which the petitioner was arrestedthe court of167original jurisdiction over the crime sought to be expungedmay 168 order a criminal justice agency to expunge the criminal history 169 record of a victim of human trafficking who complies with the 170 requirements of this section if the court has jurisdiction over 171 the class of offense or offenses sought to be expunged. A 172 petition need not be filed in the court where the petitioner’s 173 criminal proceeding or proceedings originally took place. This 174 section does not confer any right to the expunction of any 175 criminal history record, and any request for expunction of a 176 criminal history record may be denied at the discretion of the 177 court. 178 (7)(a) In judicial proceedings under this section, a copy 179 of the completed petition to expunge shall be served upon the 180 appropriate state attorney or the statewide prosecutor and upon 181 the arresting agency; however, it is not necessary to make any 182 agency other than the state a party. The appropriate state 183 attorney or the statewide prosecutor and the arresting agency 184 may respond to the court regarding the completed petition to 185 expunge. 186 (b) The petitioner or the petitioner’s attorney may appear 187 at any hearing under this section telephonically, via video 188 conference, or by other electronic means. 189 (c) The court shall allow an advocate from a state 190 attorney’s office, law enforcement agency, safe house, or safe 191 foster home as defined in s. 409.1678(1), or a residential 192 facility offering services to adult victims of human trafficking 193 to be present with the petitioner during any court proceedings 194 or hearings under this section, if the petitioner has made such 195 a request and the advocate is able to be present. 196 (d)(c)If relief is granted by the court, the clerk of the 197 court shall certify copies of the order to the appropriate state 198 attorney or the statewide prosecutor and the arresting agency. 199 The arresting agency is responsible for forwarding the order to 200 any other agency listed in the court order to which the 201 arresting agency disseminated the criminal history record 202 information to which the order pertains. The department shall 203 forward the order to expunge to the Federal Bureau of 204 Investigation. The clerk of the court shall certify a copy of 205 the order to any other agency that the records of the court 206 reflect has received the criminal history record from the court. 207 (8)(a) Any criminal history record of a minor or an adult 208 that is ordered expungedby the court of original jurisdiction209over the charges sought to be expungedpursuant to this section 210 must be physically destroyed or obliterated by any criminal 211 justice agency having custody of such record, except that any 212 criminal history record in the custody of the department must be 213 retained in all cases. 214 Section 3. Paragraph (l) of subsection (5) of section 215 456.074, Florida Statutes, is amended to read: 216 456.074 Certain health care practitioners; immediate 217 suspension of license.— 218 (5) The department shall issue an emergency order 219 suspending the license of a massage therapist or establishment 220 as defined in chapter 480 upon receipt of information that the 221 massage therapist, a person with an ownership interest in the 222 establishment, or, for a corporation that has more than $250,000 223 of business assets in this state, the owner, officer, or 224 individual directly involved in the management of the 225 establishment has been convicted or found guilty of, or has 226 entered a plea of guilty or nolo contendere to, regardless of 227 adjudication, a felony offense under any of the following 228 provisions of state law or a similar provision in another 229 jurisdiction: 230 (l) Section 796.07(4)(a)3.796.07(4)(c), relating to a 231 felony of the third degree for a third or subsequent violation 232 of s. 796.07, relating to prohibiting prostitution and related 233 acts. 234 Section 4. Paragraph (l) of subsection (7) of section 235 480.041, Florida Statutes, is amended to read: 236 480.041 Massage therapists; qualifications; licensure; 237 endorsement.— 238 (7) The board shall deny an application for a new or 239 renewal license if an applicant has been convicted or found 240 guilty of, or enters a plea of guilty or nolo contendere to, 241 regardless of adjudication, a felony offense under any of the 242 following provisions of state law or a similar provision in 243 another jurisdiction: 244 (l) Section 796.07(4)(a)3.796.07(4)(c), relating to a 245 felony of the third degree for a third or subsequent violation 246 of s. 796.07, relating to prohibiting prostitution and related 247 acts. 248 Section 5. Paragraph (l) of subsection (8) of section 249 480.043, Florida Statutes, is amended to read: 250 480.043 Massage establishments; requisites; licensure; 251 inspection.— 252 (8) The department shall deny an application for a new or 253 renewal license if a person with an ownership interest in the 254 establishment or, for a corporation that has more than $250,000 255 of business assets in this state, the owner, officer, or 256 individual directly involved in the management of the 257 establishment has been convicted or found guilty of, or entered 258 a plea of guilty or nolo contendere to, regardless of 259 adjudication, a felony offense under any of the following 260 provisions of state law or a similar provision in another 261 jurisdiction: 262 (l) Section 796.07(4)(a)3.796.07(4)(c), relating to a 263 felony of the third degree for a third or subsequent violation 264 of s. 796.07, relating to prohibiting prostitution and related 265 acts. 266 Section 6. This act shall take effect October 1, 2015.