HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/CS/HB 1439 Prostitution, Lewdness, Human Trafficking, and Public Lodging
SPONSOR(S): Judiciary Committee, Commerce Committee, Criminal Justice & Public Safety Subcommittee,
Toledo and others
TIED BILLS: HB 1441 IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice & Public Safety Subcommittee 16 Y, 0 N, As CS Mathews Hall
2) Commerce Committee 22 Y, 0 N, As CS Wright Hamon
3) Judiciary Committee 20 Y, 0 N, As CS Mathews Kramer
SUMMARY ANALYSIS
Human trafficking is modern day slavery which involves the transporting, soliciting, recruiting, harboring,
providing, enticing, maintaining, or obtaining another person for the purpose of exploiting that person. Victims
can be exploited for commercial sex in numerous contexts and traffickers frequently leverage and exploit
legitimate businesses or institutions such as social media, financial institutions, transportation systems, and
hotels or motels to carry out illegal activities.
In Florida public lodging establishments are regulated by the Division of Hotels and Restaurants of the
Department of Business and Professional Regulation. Florida law does not currently prohibit operators of
public lodging establishments from offering hourly rates for accommodations. CS/CS/CS/HB 1439 prohibits an
operator of a public lodging establishment from offering an hourly rate for an accommodation.
Under s. 796.07, F.S., a person who solicits, induces, or procures another person to commit prostitution
commits a first degree misdemeanor for a first violation and is subject to additional penalties including, but not
limited to, community service, inclusion of the offender’s name on the Soliciting for Prostitution Public
Database, and a $5,000 civil penalty. A person who purchases the services of another person engaged in
prostitution commits a second degree misdemeanor for a first violation. CS/CS/CS/HB 1439 amends s. 796.07,
F.S., to increase the penalties for soliciting, enticing, or procuring another person to commit prostitution and
purchasing the services of any person engaged in prostitution to a third degree felony for a first offense. The
bill subjects a person convicted of purchasing prostitution to the same additional penalties currently imposed
for a conviction for soliciting another person to commit prostitution.
Section 943.9583, F.S., authorizes a victim of human trafficking to be eligible for expunction of his or her
criminal record related to a human trafficking scheme of which the person was a victim or when the offense
was committed at the direction of an operator of the scheme. However, certain violent felony offenses listed
under s. 775.084(1)(b)1, F.S., are not eligible for expunction. CS/CS/CS/HB 1439 amends s. 943.0583, F.S., to
authorize a victim to seek expunction for an arrest or charges filed for such criminal offenses, so long as he or
she was not found guilty of, or did not plead guilty or nolo contendere to, the offense.
Currently, there is no singular statewide data repository for human trafficking data and reports. The bill creates
s. 1004.343, F.S., to create the Statewide Data Repository for Anonymous Human Trafficking Data
(Repository). The bill requires the University of South Florida Trafficking in Persons – Risk to Resilience Lab to
work with law enforcement and required reporting entities to collect, analyze, and distribute data relating to
human trafficking in Florida.
The bill may have an indeterminate positive impact on prison beds by creating new felony offenses and
increasing penalties for current felony offenses.
The bill is effective upon becoming a law.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1439d.JDC
DATE: 2/9/2022
 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Human trafficking is modern day slavery which involves the transporting, soliciting, recruiting,
harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploiting
that person. Victims may be exploited for commercial sex in numerous contexts, including street
prostitution, illicit massage parlors, brothels, escort services, and online advertising. Further, traffickers
frequently leverage and exploit legitimate businesses or institutions such as social media, financial
institutions, transportation systems, and hotels or motels.
Public Lodging Establishments and Vacation Rentals
Background
According to research, human trafficking for commercial sexual activity commonly takes place in hotels
or motels.1 In Florida, public lodging establishments and vacation rentals are regulated by the Division
of Hotels and Restaurants (H&R) of the Department of Business and Professional Regulation, under
ch. 509, F.S. Each public lodging establishment must obtain a license from H&R and is subject to
inspections.2
“Public lodging establishment” includes:3
 “Transient public lodging establishments,” which means any unit, group of units, dwelling,
building, or group of buildings within a single complex of buildings which is rented to guests
more than three times in a calendar year for periods of less than 30 days, or 1 calendar month,
whichever is less, or which is advertised or held out to the public as a place regularly rented to
guests.
 “Nontransient public lodging establishments,” which means any unit, group of units, dwelling,
building, or group of buildings within a single complex of buildings which is rented to guests for
periods of at least 30 days or 1 calendar month, whichever is less, or which is advertised or held
out to the public as a place regularly rented to guests for periods of at least 30 days or 1
calendar month.
Classifications of public lodging establishments include apartments, hotels, motels, vacation rentals,
bed and breakfast inns, and timeshare projects.4
If a public lodging establishment operates in violation of ch. 509, F.S., or H&R rules, H&R may impose
the following disciplinary actions:5
 Fines not to exceed $1,000 per offense; and
 Suspension, revocation, or refusal of a license.
Currently, public lodging establishments are not prohibited from offering hourly rates for
accommodations to customers.
Effect of Proposed Changes
1 The Polaris Project, The Typology of Modern Slavery: Defining Sex and Lab or Trafficking in the United States , (March 2017)
https://polarisproject.org/wp-content/uploads/2019/09/Polaris-Typology-of-Modern-Slavery-1.pdf (last visited Feb.8, 2022).
2 Ss. 509.032(2) and 509.241(1), F.S.
3 S. 509.013(4), F.S.
4 S. 509.242, F.S.
5 S. 509.261(1), F.S.
STORAGE NAME: h1439d.JDC PAGE: 2
DATE: 2/9/2022
 CS/CS/CS/HB 1439 creates s. 509.098, F.S., to prohibit an operator of a public lodging establishment
or from offering an hourly rate for an accommodation.
Soliciting or Purchasing Prostitution
Background
Section 796.07, F.S., defines prostitution as the giving or receiving of the body for sexual activity for
hire.6
Under s. 796.07(2)(a)-(e) and (g)-(i), F.S., it is a second degree misdemeanor:7
 To own, establish, maintain, or operate any place, structure, building, or conveyance for the
purpose of lewdness, assignation, or prostitution;
 To offer, or to offer or agree to secure, another for the purpose of prostitution or for any other
lewd or indecent act;
 To receive, or to offer or agree to receive, any person into any place, structure, building, or
conveyance for the purpose of prostitution, lewdness, or assignation, or to permit any person to
remain there for such purpose;
 To direct, take, or transport, or to offer or agree to direct, take, or transport, any person to any
place, structure, or building, or to any other person, with knowledge or reasonable cause to
believe that the purpose of such directing, taking, or transporting is prostitution, lewdness, or
assignation;
 For a person 18 years of age or older to offer to commit, or to commit, or to engage in,
prostitution, lewdness, or assignation;
 To reside in, enter, or remain in, any place, structure, or building, or to enter or remain in any
conveyance, for the purpose of prostitution, lewdness, or assignation;
 To aid, abet, or participate in any of the acts or things listed above; or
 To purchase the services of any person engaged in prostitution. 8
The penalty for a violation listed above is reclassified to a first degree misdemeanor for a second
violation, and a third degree felony for any third or subsequent violation. 9
Additionally, under s. 796.07(f), F.S., a person who solicits, induces, or procures another person to
commit prostitution, lewdness,10 or assignation11 commits a first degree misdemeanor for a first violation,
a third degree felony for a second violation, and a second degree felony for a third or subsequent
violation.12 An offender convicted for soliciting another person to commit prostitution is also subject to
additional penalties including:
 Being required to complete 100 hours of community service; 13
 Being required to attend an offender education program specific to human trafficking and
prostitution, if such a program is offered in the circuit in which the offender is sentenced;14
 A 10-day mandatory minimum jail sentence for a second or subsequent violation;15
 Vehicle impoundment if the offender used a car to commit the violation;16
 Inclusion of the offender’s name on the Soliciting for Prostitution Public Database; 17 and
6 This definition excludes sexual activity between s pouses. S. 796.07(1)(a), F.S.
7
A second degree misdemeanor is punishable by up to 60 days in county jail and a fine not exceeding $500. Ss. 775.082 and 775. 083,
F.S.
8 S. 796.07(2), F.S.
9 S. 796.07(4), F.S.
10 Lewdness means any indecent or obscene act. S. 796.07(1)(b), F.S.
11 Assignation means the making of any appointment or engagement for prostitution or lewdness, or any act in furtherance of such
appointment or engagement. S. 796.07(1)(c), F.S.
12 S. 796.07(2)(f), F.S.
13 S. 796.07(5)(b)1., F.S.
14 S. 796.07(5)(b)2., F.S.
15 S. 796.07(5)(c), F.S.
16 S. 796.07(5)(d), F.S.
17 S. 796.07(5)(e), F.S.
STORAGE NAME: h1439d.JDC PAGE: 3
DATE: 2/9/2022
  A $5,000 civil fine.18
Effect of Proposed Changes
CS/CS/CS/HB 1439 amends s. 796.07, F.S., to increase the penalties for both the offenses of soliciting,
enticing, or procuring another person to commit prostitution, lewdness, or assignation, and for
purchasing the services of any person engaged in prostitution. Under the bill, the penalties for soliciting,
inducing, enticing, or procuring another person to commit prostitution increase from a:
 First degree misdemeanor to a third degree felony for a first violation.
 Third degree felony to a second degree felony for a second violation.
 Second degree felony to a first degree felony for a third or subsequent violation.
The penalties for purchasing the services of any person engaged in prostitution increase from a:
 Second degree misdemeanor to a third degree felony for a first violation.
 First degree misdemeanor to a second degree felony for a second violation.
 Third degree felony to a first degree felony for a third or subsequent violation.
The bill aligns the penalties for purchasing prostitution with the current penalties for soliciting another
person to commit prostitution. As such, under the bill, an offender convicted for purchasing prostitution
will be subject to additional penalties including:
 Being required to complete 100 hours of community service;
 Being required to attend an offender education program specific to human trafficking and
prostitution, if such a program is offered in the circuit in which the offender is sentenced;
 A 10-day mandatory minimum jail sentence for a second or subsequent violation;
 Vehicle impoundment if the offender used a car to commit the violation;
 Inclusion of the offender’s name on the Soliciting for Prostitution Public Database; and
 A $5,000 civil fine.
Human Trafficking
Human Trafficking Victim Expunction
Background
In 2013, the Legislature created a process authorizing a victim of human trafficking to petition a court
for the expunction of a criminal history record resulting from his or her arrest or filing of charges,
regardless of the disposition of the arrest or charges, for an offense committed or reported to have
been committed while he or she was a victim of human trafficking. For purposes of human trafficking
victim expunction, “victim of human trafficking” means a person subjected to coercion 19 for the purpose
of being used in human trafficking, a child or person believed to be a child under 18 years of age
subjected to human trafficking, or an individual subjected to human trafficking as defined by federal law.
To be eligible for expunction, the criminal offense must be related to a human trafficking scheme of
which the person was a victim or the offense must have been committed at the direction of an operator
of the scheme,20 and must not be one of the following offenses:
 Arson;
 Sexual battery;
 Robbery;
 Kidnapping;
 Aggravated child abuse;
 Aggravated abuse of an elderly person or disabled adult;
 Aggravated assault with a deadly weapon;
 Murder;
18 S. 796.07(6), F.S.
19 As defined in s. 787.06, F.S.
20 S. 943.0583, F.S.
STORAGE NAME: h1439d.JDC PAGE: 4
DATE: 2/9/2022
  Manslaughter;
 Aggravated manslaughter of an elderly person or disabled adult;
 Aggravated manslaughter of a child;
 Unlawful throwing, placing, or discharging of a destructive device or bomb;
 Armed burglary;
 Aggravated battery; or
 Aggravated stalking.
The court with original jurisdiction over the crime the human trafficking victim seeks to expunge is the
court designated to hear the victim’s petition.21 A petition must be initiated by the petitioner with due
diligence after he or she is no longer a victim of human trafficking or has sought human trafficking
services.22 The petition must be accompanied by the following:
 A sworn statement attesting that the petitioner is eligible for an expunction to the best of his or
her knowledge and does not have other petitions to expunge or seal pending before any court;
and
 Official documentation of the petitioner’s status as a human trafficking victim, if any exists.23
Under s. 943.0583, F.S., a petition for expunction that includes official documentation of the victim’s
status as a human trafficking victim, though not required, creates a presumption that his or her
participation in the offense was a result of having been a human trafficking victim. A determination on a
petition for expunction with official documentation of victim status requires a showing of a
preponderance of the evidence.24 25 For a petition for expunction that does not include official
documentation of the victim’s status, a determination of expunction requires a showing of clear and
convincing evidence.26 Clear and convincing evidence is a higher burden of proof than a
preponderance of the evidence.
Any criminal history record of a person that is ordered expunged under s. 943.0583, F.S., must be
physically destroyed by any criminal justice agency having custody of such record. 27 However, any
criminal history record in the custody of FDLE must be retained in all cases.28 A human trafficking victim
may lawfully deny or fail to acknowledge any expunged record unless he or she is applying for a job
with a criminal justice agency or is a defendant in a subsequent criminal prosecution.29
Effect of Proposed Changes
The bill expands the types of offenses for which human trafficking victim expunction is available by
authorizing a human trafficking victim to seek expunction for an arrest or charges filed for the following
offenses, so long as he or she was not found guilty of, or plead guilty or nolo contendere to, the
offense:
 Arson;