The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/CS/CS/SB 796
INTRODUCER: Fiscal Policy Committee; Criminal Justice Committee; Governmental Oversight and
Accountability Committee; and Senators Avila and Yarborough
SUBJECT: Anti-human Trafficking
DATE: February 23, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Limones-Borja McVaney GO Fav/CS
2. Wyant Stokes CJ Fav/CS
3. Limones-Borja Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/CS/SB 796 makes several updates that relate to combatting human trafficking in Florida.
The bill extends the repeal date of the direct-support organization (DSO) for the Statewide
Council on Human Trafficking to October 1, 2029.
The bill replaces the national human trafficking hotline with the Florida human trafficking
hotline in several sections.
The bill also extends the date by which:
 A person licensed or certified under several chapters must post a human trafficking public
awareness sign.
 A massage establishment must implement a procedure for reporting suspected human
trafficking to the Florida Human Trafficking Hotline.
 A public lodging establishment must post a human trafficking public awareness sign.
The bill requires a nongovernmental entity that enters into, renews, or extends a contract with a
governmental entity to provide the governmental entity with an affidavit attesting that the
nongovernmental entity does not use coercion for labor or services.
The bill prohibits a minor from being employed by an adult entertainment establishment in any
role.
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The bill provides that an owner, manager, employee, or contractor of an adult entertainment
establishment who knowingly employs, contracts with, contracts with another person to employ,
or otherwise permits a person younger than 21 years of age to perform or work in an adult
entertainment establishment, commits a first degree misdemeanor.1 An owner, manager,
employee or contractor of an adult entertainment establishment, who knowingly employs,
contracts with, contracts with another person to employ, or otherwise permits a person younger
than 21 years of age to perform or work nude in an adult entertainment establishment, commits a
second degree felony.2
The bill also provides that an owner, manager, employee, or contractor of an adult entertainment
establishment, that permits a person to perform as an entertainer or work in any capacity shall
carefully check the person’s driver license or an identification card issued by this state or another
state of the United States, a passport, or a United States Uniformed Services Identification Card
presented by the person and act in good faith and in reliance upon the representation and
appearance of the person in the belief that the person is 21 years of age or older.
The bill provides that a person’s ignorance of a person’s age or a person’s misrepresentation of
his or her age cannot be used a defense in a prosecution for certain violations.
The bill has an indeterminate fiscal impact on the private sector. The bill may increase the need
for prison beds.
The bill takes effect July 1, 2024.
II. Present Situation:
Human Trafficking
Human trafficking means transporting, soliciting, recruiting, harboring, providing, enticing,
maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of
exploitation of that person.3 Under federal law, the term “severe forms of trafficking in persons”
includes labor4 and sex trafficking.5,6 Victims can be found in legal and illegal labor industries,
including child care, elder care, the drug trade, massage parlors, nail and hair salons, restaurants,
hotels, factories, and farms.7 In 2021, a total of 2,027 persons were referred to U.S. attorneys for
1
A first degree misdemeanor is punishable by a term of imprisonment not exceeding one year, as provided in s. 775.082 or
s. 775.083, F.S.
2
A second degree felony is punishable by a term of imprisonment of fifteen years, as provided in s. 775.082, s. 775.083, or
s. 775.084, F.S.
3
Section 787.06 (2)(d), F.S.
4
The term “labor trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for labor or
services, through the use of force, fraud, or coercion for the purposes of subjection to involuntary servitude, peonage, debt
bondage, or slavery. 22 USCA § 7102.
5
The term “sex trafficking” means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting
of a person for the purpose of a commercial sex act. 22 USCA § 7102.
6
22 USCA § 7102.
7
U.S. Department of Justice, What is Human Trafficking? (Jun. 26, 2023), available at
https://www.justice.gov/humantrafficking/what-is-human-trafficking (last visited February 2, 2024).
BILL: CS/CS/CS/SB 796 Page 3
human trafficking offenses.8 Victims of sex trafficking are frequently recruited to work in strip
clubs across the United States. Such persons may be recruited to work in strip clubs as hostesses,
servers or dancers but are then required to perform sex acts with customers. Such strip clubs may
be designed to provide the space and environment in which buyers may purchase commercial
sex.9
Human Trafficking in Florida
Florida is ranked the third highest state of reported human trafficking cases in the United
States.10 Reports of commercially exploited children to the Florida Abuse Hotline for
2022 totaled 3,408 and 3,182 in 2021.11 In Florida, any person who knowingly, or in reckless
disregard of the facts, engages in human trafficking, attempts to engage in human trafficking, or
benefits financially by receiving anything of value from participation in a venture that has
subjected a person to human trafficking for labor,12 services,13 or commercial sexual activity,14
commits a crime.15 The circumstances and associated level of offense are as follows:
Offense
Level of
Statute Description of Offense Severity
Felony
Ranking
787.06(3)(a)1. Using for labor or services of any child under the age of 18 or an
adult believed by the person to be a child younger than 18 years of First Level 8
age
787.06(3)(a)2. Using coercion16 for labor or services of an adult First Level 7
787.06(3)(b) Using coercion for commercial sexual activity of an adult First Level 8
8
U.S. Department of Justice, Human Trafficking Data Collection Activities, 2023 (Oct. 2023), available at
https://bjs.ojp.gov/document/htdca23.pdf (last visited February 2, 2024).
9
National Human Trafficking Hotline, Hostess/Strip Club-Based, available at, https://humantraffickinghotline.org/en/sex-
trafficking-venuesindustries/hostessstrip-club-based (last visited Feb. 22, 2024).
10
Florida Alliance to End Human Trafficking, The Issue, available at https://www.floridaallianceendht.com/the-issue/ (last
visited February 2, 2024).
11
The Office of Program Policy Analysis and Government Accountability, Annual Report on the Commercial Sexual
Exploitation of Children in Florida, 2023 (July 2023), available at https://oppaga.fl.gov/Documents/Reports/23-08.pdf (last
visited February 2, 2023).
12
Section 787.06(2)(e), F.S., defines “labor” as: work of economic or financial value.
13
Section 787.06(2)(h), F.S., defines “services” as: any act committed at the behest of, under the supervision of, or for the
benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs.
14
Section 787.06(2)(b), F.S., defines “commercial sexual activity” as any violation of ch. 796, F.S., relating to prostitution, or
an attempt to commit any such offense, and includes sexually explicit performances and the production of pornography.
15
Section 787.06(3), F.S.
16
The term “coercion” means:
1. Using or threatening to use physical force against any person;
2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and
against her or his will;
3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for
the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the
length and nature of the labor or services are not respectively limited and defined;
4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other
immigration document, or any other actual or purported government identification document, of any person;
5. Causing or threatening to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule I or Schedule II of s. 893.03, F.S., to any person for the purpose
of exploitation of that person. Section. 787.06(2)(a), F.S.
BILL: CS/CS/CS/SB 796 Page 4
Offense
Level of
Statute Description of Offense Severity
Felony
Ranking
787.06(3)(c)1. For labor or services of any child younger than 18 years of age or
an adult believed by the person to be a child younger than 18 years First Level 9
of age who is an unauthorized alien
787.06(3)(c)2. Using coercion for labor or services of an adult who is an
First Level 8
unauthorized alien
787.06(3)(d) Using coercion for commercial sexual activity of an adult who is an
First Level 9
unauthorized alien
787.06(3)(e)1. For labor or services who does so by the transfer or transport of any
child younger than 18 years of age or an adult believed by the
First Level 8
person to be a child younger than 18 years of age from outside this
state to within this state
787.06(3)(e)2. Using coercion for labor or services who does so by the transfer or
First Level 7
transport of an adult from outside this state to within this state
787.06(3)(f)1. For commercial sexual activity who does so by the transfer or
transport of any child younger than 18 years of age or an adult
First Level 9
believed by the person to be a child younger than 18 years of age
from outside this state to within this state
787.06(3)(f)2. Using coercion for commercial sexual activity who does so by the
transfer or transport of an adult from outside this state to within this First Level 8
state
787.06(3)(g) For commercial sexual activity in which any child younger than 18
years of age or an adult believed by the person to be a child
Life Level 10
younger than 18 years of age, or in which any person who is
mentally defective or mentally incapacitated
Soliciting or Purchasing Prostitution
Section 796.07, F.S., defines prostitution as the giving or receiving of the body for sexual
activity for hire.17
Under s. 796.07(2)(a)-(e) and (g)-(i), F.S., it is a second-degree misdemeanor:18
 To own, establish, maintain, or operate any place, structure, building, or conveyance for the
purpose of lewdness,19 assignation,20 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;
17
This definition excludes sexual activity between spouses. s. 796.07(1)(b), F.S.
18
A second-degree misdemeanor is punishable by up to 60 days in county jail and a fine not exceeding $500. Sections
775.082(4)(b) and 775.083(1)(e), F.S
19
“Lewdness” means any indecent or obscene act. Section 796.07(1)(c), F.S
20
“Assignation” means the making of any appointment or engagement for prostitution or lewdness, or any act in furtherance
of such appointment or engagement. Section 796.07(1)(d), F.S.
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 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.21
Additionally, under s. 796.07(2)(f), F.S., a person who solicits, induces, entices, or procures
another person to commit prostitution, lewdness, or assignation 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.22 An offender convicted for soliciting another
person to commit prostitution is also subject to additional penalties including:
 One hundred hours of community service;23
 Being required to pay for and attend an educational program about the negative effects of
prostitution and human trafficking, such as a sexual violence prevention education program,
including such programs offered by faith-based providers, if such a program is offered in the
circuit in which the offender is sentenced;24
 A 10-day mandatory minimum jail sentence for a second or subsequent violation;25
 Vehicle impoundment up to 60 days if the offender used a car to commit the violation;26
 Inclusion of the offender’s name on the Soliciting for Prostitution Public Database in certain
situations;27 and
 A $5,000 civil fine.28
Commercial Sexual Activity
Strip clubs are considered adult entertainment establishments under Florida law. Section
847.001, F.S., defines “adult entertainment establishment,” to include adult bookstores, adult
theaters, special cabaret, and unlicensed massage establishments.
 An adult bookstore is any corporation, partnership, or business of any kind which restricts or
purports to restrict admission only to adults, which has as