Bill Summary – FastDemocracy

       Florida Senate - 2023                                     SB 166



       By Senator Berman





       26-00175A-23                                           2023166__
                      A bill to be entitled                      
       An act relating to human trafficking; amending s.
       787.06, F.S.; revising the definition of the term
       âcoercionâ; making technical changes; amending s.
       796.07, F.S.; prohibiting facilitating or enabling the
       receiving of persons into any place, structure,
       building, or conveyance for the purpose of
       prostitution, lewdness, or assignation; prohibiting
       facilitating or enabling any person to remain in such
       place, structure, building, or conveyance for such
       purpose; prohibiting knowingly engaging in specified
       activities for the purpose of prostitution and thereby
       benefitting financially or receiving anything of
       value; providing increased criminal penalties for
       specified prohibited acts relating to lewdness,
       assignation, or prostitution; providing criminal
       penalties; deleting provisions relating to the
       reclassification of penalties if a massage
       establishment is used for lewdness, assignation, or
       prostitution; amending ss. 456.074, 480.041, and
       943.0433, F.S.; conforming provisions and cross
       references to changes made by the act; providing an
       effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1.âSubsection (2) of section 787.06, Florida
Statutes, is amended to read:
       787.06âHuman trafficking.â
       (2)âAs used in this section, the term:
       (a)ââCoercionâ includes, but is not limited to means:
       1.âUsing or threatening to use physical force against any
person;
       2.âRestraining, isolating, or confining, or threatening to
restrain, isolate, or confine, any person without lawful
authority and against her or his will;
       3.â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.â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.âCausing or threatening to cause financial harm to any
person or withholding income from a person which he or she
earned or is entitled to;
       6.âEnticing or luring any person by fraud or deceit; or
       7.âProviding a controlled substance as outlined in Schedule
I or Schedule II of s. 893.03, alcohol, or any other drug to any
person for the purpose of exploitation of that person.
       (b)ââCommercial sexual activityâ means any violation of
chapter 796 or an attempt to commit any such offense, and
includes sexually explicit performances and the production of
pornography.
       (c)ââFinancial harmâ includes extortionate extension of
credit, loan sharking as defined in s. 687.071, or employment
contracts that violate the statute of frauds as provided in s.
725.01.
       (d)ââHuman traffickingâ means transporting, soliciting,
recruiting, harboring, providing, enticing, maintaining,
purchasing, patronizing, procuring, or obtaining another person
for the purpose of exploitation of that person.
       (e)ââLaborâ means work of economic or financial value.
       (f)ââMaintainâ means, in relation to labor or services, to
secure or make possible continued performance thereof,
regardless of any initial agreement on the part of the victim to
perform such type service.
       (g)ââObtainâ means, in relation to labor, commercial sexual
activity, or services, to receive, take possession of, or take
custody of another person or secure performance thereof.
       (h)ââServicesâ means 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.
       (i)ââSexually explicit performanceâ means an act or a show,
whether public or private, which that is live, photographed,
recorded, or videotaped and intended to arouse or satisfy the
sexual desires or appeal to a the prurient interest.
       (j)ââUnauthorized alienâ means an alien who is not
authorized under federal law to be employed in the United
States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall
be interpreted consistently with that section and any applicable
federal rules or regulations.
       (k)ââVentureâ means any group of two or more individuals
associated in fact, whether or not a legal entity.
       Section 2.âPresent subsections (5) and (6) of section
796.07, Florida Statutes, are redesignated as subsections (6)
and (7), respectively, a new subsection (5) and subsection (8)
are added to that section, and subsections (2) and (4) and
present subsection (7) of that section are amended, to read:
       796.07âProhibiting prostitution and related acts.â
       (2)âIt is unlawful:
       (a)âTo own, establish, maintain, or operate any place,
structure, building, or conveyance for the purpose of lewdness,
assignation, or prostitution.
       (b)âTo offer, or to offer or agree to secure, another for
the purpose of prostitution or for any other lewd or indecent
act.
       (c)âTo receive, or to offer or agree to receive, or to
facilitate or enable the receiving of, any person into any
place, structure, building, or conveyance for the purpose of
prostitution, lewdness, or assignation, or to facilitate,
enable, or permit any person to remain there for such purpose.
       (d)â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)âFor a person 18 years of age or older to offer to
commit, or to commit, or to engage in, prostitution, lewdness,
or assignation.
       (f)âTo solicit, induce, entice, or procure another to
commit prostitution, lewdness, or assignation.
       (g)â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)âTo aid, abet, or participate in any of the acts or
things enumerated in this subsection.
       (i)âTo purchase the services of any person engaged in
prostitution.
       (j)âTo knowingly or in reckless disregard of the facts:
       1.âEngage in the soliciting, recruiting, harboring,
enticing, purchasing, or procuring of another person for the
purpose of prostitution; and
       2.âBenefit financially or receive anything of value, or
intend to benefit financially or receive anything of value, by
participating in such soliciting, recruiting, harboring,
enticing, purchasing, or procuring of another person.
       (4)(a)âA person who violates any provision of this section,
other than paragraph (2)(a), paragraph (2)(f), or paragraph
(2)(j), commits:
       1.âA misdemeanor of the second degree for a first
violation, punishable as provided in s. 775.082 or s. 775.083.
       2.âA misdemeanor of the first degree for a second
violation, punishable as provided in s. 775.082 or s. 775.083.
       3.âA felony of the third degree for a third or subsequent
violation, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
       (b)âA person who is charged with a third or subsequent
violation of this section, other than paragraph (2)(a),
paragraph (2)(f), or paragraph (2)(j), shall be offered
admission to a pretrial intervention program or a substance
abuse treatment program as provided in s. 948.08.
       (5)(a)âA person who violates paragraph (2)(a) commits a
felony of the third degree for a first violation, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
       (b)âA person who violates paragraph (2)(a) commits a felony
of the second degree for a second or subsequent violation,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
       (8)âA person who violates paragraph (2)(j) commits a felony
of the second degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
       (7)âIf the place, structure, building, or conveyance that
is owned, established, maintained, or operated in violation of
paragraph (2)(a) is a massage establishment that is or should be
licensed under s. 480.043, the offense shall be reclassified to
the next higher degree as follows:
       (a)âA misdemeanor of the second degree for a first
violation is reclassified as a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
       (b)âA misdemeanor of the first degree for a second
violation is reclassified as a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
       (c)âA felony of the third degree for a third or subsequent
violation is reclassified as a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
       Section 3.âSubsection (4) of section 456.074, Florida
Statutes, is amended to read:
       456.074âCertain health care practitioners; immediate
suspension of license.â
       (4)âThe department shall issue an emergency order
suspending the license of a massage therapist or establishment
as defined in chapter 480 upon receipt of information that the
massage therapist, a person with an ownership interest in the
establishment, or, for a corporation that has more than $250,000
of business assets in this state, the owner, officer, or
individual directly involved in the management of the
establishment has been convicted or found guilty of, or has
entered a plea of guilty or nolo contendere to, regardless of
adjudication, a violation of s. 796.07(2)(a) which is
reclassified under s. 796.07(7) or a felony offense under any of
the following provisions of state law or a similar provision in
another jurisdiction:
       (a)âSection 787.01, relating to kidnapping.
       (b)âSection 787.02, relating to false imprisonment.
       (c)âSection 787.025, relating to luring or enticing a
child.
       (d)âSection 787.06, relating to human trafficking.
       (e)âSection 787.07, relating to human smuggling.
       (f)âSection 794.011, relating to sexual battery.
       (g)âSection 794.08, relating to female genital mutilation.
       (h)âFormer s. 796.03, relating to procuring a person under
the age of 18 for prostitution.
       (i)âFormer s. 796.035, relating to the selling or buying of
minors into prostitution.
       (j)âSection 796.04, relating to forcing, compelling, or
coercing another to become a prostitute.
       (k)âSection 796.05, relating to deriving support from the
proceeds of prostitution.
       (l)âSection 796.07(4)(a)3., relating to a felony of the
third degree for a third or subsequent violation of s. 796.07,
relating to prohibiting prostitution and related acts.
       (m)âSection 800.04, relating to lewd or lascivious offenses
committed upon or in the presence of persons less than 16 years
of age.
       (n)âSection 825.1025(2)(b), relating to lewd or lascivious
offenses committed upon or in the presence of an elderly or
disabled person.
       (o)âSection 827.071, relating to sexual performance by a
child.
       (p)âSection 847.0133, relating to the protection of minors.
       (q)âSection 847.0135, relating to computer pornography.
       (r)âSection 847.0138, relating to the transmission of
material harmful to minors to a minor by electronic device or
equipment.
       (s)âSection 847.0145, relating to the selling or buying of
minors.
       Section 4.âSubsection (7) of section 480.041, Florida
Statutes, is amended to read:
       480.041âMassage therapists; qualifications; licensure;
endorsement.â
       (7)âThe board shall deny an application for a new or
renewal license if an applicant has been convicted or found
guilty of, or enters a plea of guilty or nolo contendere to,
regardless of adjudication, a violation of s. 796.07(2)(a) which
is reclassified under s. 796.07(7) or a felony offense under any
of the following provisions of state law or a similar provision
in another jurisdiction:
       (a)âSection 787.01, relating to kidnapping.
       (b)âSection 787.02, relating to false imprisonment.
       (c)âSection 787.025, relating to luring or enticing a
child.
       (d)âSection 787.06, relating to human trafficking.
       (e)âSection 787.07, relating to human smuggling.
       (f)âSection 794.011, relating to sexual battery.
       (g)âSection 794.08, relating to female genital mutilation.
       (h)âFormer s. 796.03, relating to procuring a person under
the age of 18 for prostitution.
       (i)âFormer s. 796.035, relating to the selling or buying of
minors into prostitution.
       (j)âSection 796.04, relating to forcing, compelling, or
coercing another to become a prostitute.
       (k)âSection 796.05, relating to deriving support from the
proceeds of prostitution.
       (l)âSection 796.07(4)(a)3., relating to a felony of the
third degree for a third or subsequent violation of s. 796.07,
relating to prohibiting prostitution and related acts.
       (m)âSection 800.04, relating to lewd or lascivious offenses
committed upon or in the presence of persons less than 16 years
of age.
       (n)âSection 825.1025(2)(b), relating to lewd or lascivious
offenses committed upon or in the presence of an elderly or
disabled person.
       (o)âSection 827.071, relating to sexual performance by a
child.
       (p)âSection 847.0133, relating to the protection of minors.
       (q)âSection 847.0135, relating to computer pornography.
       (r)âSection 847.0138, relating to the transmission of
material harmful to minors to a minor by electronic device or
equipment.
       (s)âSection 847.0145, relating to the selling or buying of
minors.
       Section 5.âSubsection (1) and paragraphs (a) and (b) of
subsection (2) of section 943.0433, Florida Statutes, are
amended to read:
       943.0433âSoliciting for Prostitution Public Database.â
       (1)âThe department shall create and administer the
Soliciting for Prostitution Public Database. The clerk of the
court shall forward to the department the criminal history
record of a person in accordance with s. 796.07(6)(e) s.
796.07(5)(e), and the department shall add the criminal history
record to the database.
       (2)(a)âThe department shall automatically remove the
criminal history record of a person from the database if, after
5 years following the commission of an offense that meets the
criteria set forth in s. 796.07(6)(e) s. 796.07(5)(e), such
person has not subsequently committed a violation that meets
such criteria or any other offense within that time that would
constitute a sexual offense, including, but not limited to,
human trafficking, or an offense that would require registration
as a sexual offender.
       (b)âThe department may not remove a criminal history record
from the database if a person commits a violation that meets the
criteria set forth in s. 796.07(6)(e) s. 796.07(5)(e) a second
or subsequent time.
       Section 6.âThis act shall take effect October 1, 2023.
Statutes affected: 
S 166 Filed: 787.06, 456.074, 480.041