Bill Summary – FastDemocracy

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           HB 1385                                                                                               2024
                                       A bill to be entitled
              An act relating to human trafficking, prostitution,
              and lewdness; creating s. 796.0001, F.S.; providing
              definitions; creating s. 796.031, F.S.; prohibiting
              prostitution; providing for the admission of certain
              testimony at trial; providing criminal penalties;
              requiring persons convicted of violations to attend an
              educational program; providing program requirements;
              repealing s. 796.04, F.S., relating to forcing,
                 compelling, or coercing another to become a
                 prostitute; amending s. 796.06, F.S.; prohibiting
                 persons from maintaining a space for commercial sex;
                 providing criminal penalties; providing enhanced
                 penalties for certain violations; amending s. 796.07,
                 F.S.; prohibiting commercial sexual exploitation;
                 providing criminal penalties; removing former
                 provisions relating to prostitution and related acts;
                 requiring a civil penalty; providing for disposition
                 of proceeds; authorizing judicial circuits to
                 establish educational programs for persons convicted
                 of or charged with violations; providing program
                 requirements; amending s. 943.0583, F.S.; revising a
                 definition; revising expunction eligibility
                 requirements; requiring the return of any fines, fees,
                 and restitution paid by the petitioner as a result of
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        HB 1385                                                                                               2024
              the conviction or convictions that are vacated;
              amending ss. 322.28, 397.4073, 397.417, 435.07,
              456.074, 480.041, 480.043, 772.102, 775.0877, 787.01,
              787.02, 794.056, 796.09, 895.02, 938.085, and
              943.0433, F.S.; conforming provisions to changes made
              by the act; providing an effective date.
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    Be It Enacted by the Legislature of the State of Florida:
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              Section 1.        Section 796.0001, Florida Statutes, is created
    to read:
              796.0001         Definitions.—As used in this chapter, the term:
              (1)       "Adult" means a person 18 years of age or older.
              (2)       "Assignation" means the making of any appointment or
    engagement for prostitution or lewdness, or any act in
    furtherance of such appointment or engagement.
              (3)       "Child" means a person who has not yet reached the age
    of 18.
              (4)       "Commercial sex" means engaging in sexual activity in
    exchange for something of value. Commercial sex encompasses both
    prostitution and human trafficking.
              (5)       "Female genitals" includes the labia minora, labia
    majora, clitoris, vulva, hymen, and vagina.
              (6)       "Lewdness" means any indecent or obscene act.
              (7)       "Prostitution" means voluntarily engaging in or
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        HB 1385                                                                                               2024
    agreeing to engage in or offering to engage in commercial sex.
              (8)       "Sexual activity" means oral, anal, or female genital
    penetration by, or union with, the sexual organ of another; anal
    or female genital penetration of another by any other object;
    the handling or fondling of the sexual organ of another for the
    purpose of masturbation; or the performance of sexual acts for
    the purpose of masturbation, regardless of whether or not
    contact is made. The term does not include acts done for bona
    fide medical purposes.
              Section 2.       Section 796.031, Florida Statutes, is created
    to read:
              796.031      Prostitution.—
              (1)       It is unlawful for a person 18 years of age or older
    to offer to commit, or to commit, or to engage in, prostitution,
    lewdness, or assignation.
              (2)       In the trial of a person charged with a violation of
    this section, testimony concerning the reputation of any place,
    structure, building, or conveyance involved in the charge,
    testimony concerning the reputation of any person residing in,
    operating, or frequenting such place, structure, building, or
    conveyance, and testimony concerning the reputation of the
    defendant is admissible in evidence in support of the charge.
              (3)(a)      A person who violates any provision of this section
    commits a misdemeanor of the second degree, punishable as
    provided in s. 775.082 or s. 775.083.
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         HB 1385                                                                                               2024
              (b)       In addition to any other penalty imposed, the court
    shall order a person sentenced for a violation of this statute
    to attend an educational program about the negative effects of
    commercial sex. Such a program may be offered by a secular or
    faith-based provider.
              (c)       A judicial circuit may establish an educational
    program for persons convicted of or charged with a violation of
    this section, to include education on:
              1.    The relationship between demand for commercial sex and
    human trafficking.
              2.    The impact of human trafficking on victims.
              3.    Coercion, consent, and sexual violence.
              4.    The health and legal consequences of commercial sex.
              5.    The negative impact of commercial sex on prostituted
    persons and the community.
              6.    The reasons and motivations for engaging in
    prostitution.
              Section 3.       Section 796.04, Florida Statutes, is repealed.
              Section 4.       Section 796.06, Florida Statutes, is amended to
    read:
              796.06      Maintaining Renting space to be used for commercial
    sex lewdness, assignation, or prostitution.—
              (1)       It is unlawful to:
              (a)       Own, establish, maintain, operate, use, let or rent
    any building, residence, place, or structure, in whole or in
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         HB 1385                                                                                               2024
    part thereof, trailer or other conveyance, with the knowledge
    or reckless disregard that it will be used for the purpose of
    commercial sex lewdness, assignation, or prostitution.
              (b)       Receive, or to offer or agree to receive, any person
    into any place, structure, building, or conveyance for the
    purpose of commercial sexual activity or to permit any person to
    remain there for such purpose.
              (2)       A person who violates this section commits:
              (a)       A felony misdemeanor of the third first degree for a
    first violation, punishable as provided in s. 775.082 , or s.
    775.083, or s. 775.084.
              (b)       A felony of the second third degree for a second or
    subsequent violation, punishable as provided in s. 775.082, s.
    775.083, or s. 775.084.
              (3)       In the trial of a person charged with a violation of
    this section, testimony concerning the reputation o f any place,
    structure, building, or conveyance involved in the charge,
    testimony concerning the reputation of any person residing in,
    operating, or frequenting such place, structure, building, or
    conveyance, and testimony concerning the reputation of the
    defendant is admissible in evidence in support of the charge.
              (4)       If the place, residence, structure, building, trailer,
    or conveyance that is owned, established, maintained, or
    operated is a massage establishment that is or should be
    licensed under s. 480.043, the offense shall be reclassified to
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         HB 1385                                                                                               2024
    the next higher degree as follows:
              (a)       A felony of the third degree is reclassified as a
    felony of the second degree, punishable as provided in s.
    775.082, s. 775.083, or s. 775.084.
              (b)       A felony of the second degree is reclassified as a
    felony of the first degree, punishable as provided in s.
    775.082, s. 775.083, or s. 775.084.
              (c)       A felony of the first degree is reclassified as a life
    felony, punishable as provided in s. 775.082, s. 775.083, or s.
    775.084.
              Section 5.       Section 796.07, Florida Statutes, is amended to
    read:
              796.07      Commercial sexual exploitation Prohibiting
    prostitution and related acts.—
              (1)       As used in this section:
              (a)       "Assignation" means the making of any appointment or
    engagement for prostitution or lewdness, or any act in
    furtherance of such appointment or engagement.
              (b)       "Female genitals" includes the labia minora, labia
    majora, clitoris, vulva, hymen, and vagina.
              (c)       "Lewdness" means any indecent or obscene act.
              (d)       "Prostitution" means the giving or receiving of the
    body for sexual activity for hire but excludes sexual activity
    between spouses.
              (e)       "Sexual activity" means oral, anal, or female genital
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         HB 1385                                                                                               2024
    penetration by, or union with, the sexual organ of another; anal
    or female genital penetration of another by any other object; or
    the handling or fondling of the sexual organ of another for the
    purpose of masturbation; however, the term does not include acts
    done for bona fide medical purposes.
              (1)(2)      It is unlawful to provide, or offer to provide,
    something of value, in exchange for sexual activity.:
              (a)       To own, establish, maintain, or operate any place,
    structure, building, or conveyance for the purpose of lewdness,
    assignation, or prostitution.
              (b)       To offer, or to offer or agree to secure, another for
    the purpose of prostitution or for any other lewd or indecent
    act.
              (c)       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.
              (d)       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.
              (e)       For a person 18 years of age or older to offer to
    commit, or to commit, or to engage in, prostitution, lewdness,
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         HB 1385                                                                                               2024
    or assignation.
              (f)       To solicit, induce, entice, or procure another to
    commit prostitution, lewdness, or assignation.
              (g)       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.
              (h)       To aid, abet, or participate in any of the acts or
    things enumerated in this subsection.
              (i)       To purchase the services of any person engaged in
    prostitution.
              (2)(3)(a)        In the trial of a person charged with a
    violation of this section, testimony concerning the reputation
    of any place, structure, building, or conveyance involved in the
    charge, testimony concerning the reputation of any person
    residing in, operating, or frequenting such place, structure,
    building, or conveyance, and testimony concerning the reputation
    of the defendant is admissible in evidence in support of the
    charge.
              (b)       Notwithstanding any other provision of law, a police
    officer may testify as an offended party in an action regarding
    charges filed pursuant to this section.
              (3)(4)(a)        A person who violates any provision of this
    section, other than paragraph (2)(f), commits:
              1.    A felony misdemeanor of the third second degree for a
    first violation, punishable as provided in s. 775.082 , or s.
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         HB 1385                                                                                               2024
    775.083, or s. 775.084.
              2.    A felony misdemeanor of the second first degree for a
    second violation, punishable as provided in s. 775.082, or s.
    775.083, or s. 775.084.
              3.    A felony of the first third degree for a third or
    subsequent violation, punishable as provided in s. 775.082, s.
    775.083, or s. 775.084.
              (b)       A person who is charged with a third or subsequent
    violation of this section, other than paragraph (2)(f), shall be
    offered admission to a pretrial intervention program or a
    substance abuse treatment program as provided in s. 948.08.
              (5)(a)      A person who violates paragraph (2)(f) commits:
              1.    A misdemeanor of the first degree for a first
    violation, punishable as provided in s. 775.082 or s. 775.083.
              2.    A felony of the third degree for a second violation,
    punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
              3.    A felony of the second degree for a third or subsequent
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