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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to human trafficking and prostitution; 2
amending s. 787.06, F.S.; revising the definition of 3
the term "coercion"; providing criminal penalties for 4
engaging in human trafficking or benefiting 5
financially by receiving value from human trafficking 6
using the labor or services or commercial sexual 7
activity of an adult; amending s. 796.07, F.S.; 8
prohibiting facilitating or enabling the receiving of 9
persons in any place, structure, building, or 10
conveyance for the purpose of prostitution, lewdness, 11
or assignation, or facilitating or enabling any person 12
to remain there for such purposes; providing increased 13
criminal penalties for specified prohibited acts 14
relating to prostitution, lewdness, or assignation; 15
amending ss. 456.074, 480.041, and 943.0433, F.S.; 16
conforming cross-references; providing an effective 17
date. 18
19
Be It Enacted by the Legislature of the State of Florida: 20
21
Section 1. Subsections (2) and (3) of section 787.06, 22
Florida Statutes, are amended to read: 23
787.06 Human trafficking. — 24
(2) As used in this section, the term: 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(a) "Coercion" includes, but is not limited to means: 26
1. Using or threatening to use physical force against any 27
person; 28
2. Restraining, isolating, or confining , or threatening to 29
restrain, isolate, or confine , any person without lawful 30
authority and against her or his will; 31
3. Using lending or other credit methods to establish a 32
debt by any person when labor or service s are pledged as a 33
security for the debt, if the value of the labor or services as 34
reasonably assessed is not applied toward the liquidation of the 35
debt, the length and nature of the labor or services are not 36
respectively limited and defined; 37
4. Destroying, concealing, removing, confiscating, 38
withholding, or possessing any actual or purported passport, 39
visa, or other immigration document, or any other actual or 40
purported government identification document, of any person; 41
5. Causing or threatening to cau se financial harm to any 42
person or withholding income from a person which he or she 43
earned; 44
6. Enticing or luring any person by fraud or deceit; or 45
7. Providing a controlled substance as outlined in 46
Schedule I or Schedule II of s. 893.03, alcohol, or any other 47
drug to any person for the purpose of exploitation of that 48
person. 49
(b) "Commercial sexual activity" means any violation of 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
chapter 796 or an attempt to commit any such offense, and 51
includes sexually explicit performances and the production of 52
pornography. 53
(c) "Financial harm" includes extortionate extension of 54
credit, loan sharking as defined in s. 687.071, or employment 55
contracts that violate the statute of frauds as provided in s. 56
725.01. 57
(d) "Human trafficking" means transporting, soliciting, 58
recruiting, harboring, providing, enticing, maintaining, 59
purchasing, patronizing, procuring, or obtaining another person 60
for the purpose of exploitation of that person. 61
(e) "Labor" means work of economic or financial value. 62
(f) "Maintain" means, in relation to labor or services, to 63
secure or make possible continued performance thereof, 64
regardless of any initial agreement on the part of the victim to 65
perform such type service. 66
(g) "Obtain" means, in relation to labor, commercial 67
sexual activity, or services, to receive, take possession of, or 68
take custody of another person or secure performance thereof. 69
(h) "Services" means any act committed at the behest of, 70
under the supervision of, or for the benefit of another. The 71
term includes, but i s not limited to, forced marriage, 72
servitude, or the removal of organs. 73
(i) "Sexually explicit performance" means an act or show, 74
whether public or private, that is live, photographed, recorded, 75
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or videotaped and intended to arouse or satisfy the sexual 76
desires or appeal to a the prurient interest. 77
(j) "Unauthorized alien" means an alien who is not 78
authorized under federal law to be employed in the United 79
States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall 80
be interpreted consistently with tha t section and any applicable 81
federal rules or regulations. 82
(k) "Venture" means any group of two or more individuals 83
associated in fact, whether or not a legal entity. 84
(3) Any person who knowingly, or in reckless disregard of 85
the facts, engages in human trafficking, or attempts to engage 86
in human trafficking, or benefits financially by receiving 87
anything of value from participation in a venture that has 88
subjected a person to human trafficking: 89
(a)1. For labor or services of any child younger than 18 90
years of age or an adult believed by the person to be a child 91
younger than 18 years of age commits a felony of the first 92
degree, punishable as provided in s. 775.082, s. 775.083, or s. 93
775.084. 94
2. Using coercion for labor or services of an adult 95
commits a felony of the first degree, punishable as provided in 96
s. 775.082, s. 775.083, or s. 775.084. 97
3. For labor or services of an adult commits a felony of 98
the second degree, punishable as provided in s. 775.082, s. 99
775.083, or s. 775.084. 100
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(b)1. Using coercion for commercial sexual activity of an 101
adult commits a felony of the first degree, punishable as 102
provided in s. 775.082, s. 775.083, or s. 775.084. 103
2. For commercial sexual activity of an adult commits a 104
felony of the second degree, punishable as provid ed in s. 105
775.082, s. 775.083, or s. 775.084. 106
(c)1. For labor or services of any child younger than 18 107
years of age or an adult believed by the person to be a child 108
younger than 18 years of age who is an unauthorized alien 109
commits a felony of the first de gree, punishable as provided in 110
s. 775.082, s. 775.083, or s. 775.084. 111
2. Using coercion for labor or services of an adult who is 112
an unauthorized alien commits a felony of the first degree, 113
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 114
(d) Using coercion for commercial sexual activity of an 115
adult who is an unauthorized alien commits a felony of the first 116
degree, punishable as provided in s. 775.082, s. 775.083, or s. 117
775.084. 118
(e)1. For labor or services who does so by the transfer o r 119
transport of any child younger than 18 years of age or an adult 120
believed by the person to be a child younger than 18 years of 121
age from outside this state to within this state commits a 122
felony of the first degree, punishable as provided in s. 123
775.082, s. 775.083, or s. 775.084. 124
2. Using coercion for labor or services who does so by the 125
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transfer or transport of an adult from outside this state to 126
within this state commits a felony of the first degree, 127
punishable as provided in s. 775.082, s. 775.083, or s . 775.084. 128
(f)1. For commercial sexual activity who does so by the 129
transfer or transport of any child younger than 18 years of age 130
or an adult believed by the person to be a child younger than 18 131
years of age from outside this state to within this state 132
commits a felony of the first degree, punishable by imprisonment 133
for a term of years not exceeding life, or as provided in s. 134
775.082, s. 775.083, or s. 775.084. 135
2. Using coercion for commercial sexual activity who does 136
so by the transfer or transport of an adult from outside this 137
state to within this state commits a felony of the first degree, 138
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 139
(g) For commercial sexual activity in which any child 140
younger than 18 years of age or an adult b elieved by the person 141
to be a child younger than 18 years of age, or in which any 142
person who is mentally defective or mentally incapacitated as 143
those terms are defined in s. 794.011(1), is involved commits a 144
life felony, punishable as provided in s. 775.08 2(3)(a)6., s. 145
775.083, or s. 775.084. 146
147
For each instance of human trafficking of any individual under 148
this subsection, a separate crime is committed and a separate 149
punishment is authorized. 150
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Section 2. Present subsections (5), (6), and (7) of 151
section 796.07, Florida Statutes, are redesignated as 152
subsections (6), (7), and (8), respectively, a new subsection 153
(5) is added to that section, and subsections (2) and (4) of 154
that section are amended, to read: 155
796.07 Prohibiting prostitution and related acts. — 156
(2) It is unlawful: 157
(a) To own, establish, maintain, or operate any place, 158
structure, building, or conveyance for the purpose of lewdness, 159
assignation, or prostitution. 160
(b) To offer, or to offer or agree to secure, another for 161
the purpose of prostitution or for any other lewd or indecent 162
act. 163
(c) To receive, or to offer or agree to receive, or 164
facilitate or enable the receiving of any person into any place, 165
structure, building, or conveyance for the purpose of 166
prostitution, lewdness, or assi gnation, or to facilitate, 167
enable, or permit any person to remain there for such purpose. 168
(d) To direct, take, or transport, or to offer or agree to 169
direct, take, or transport, any person to any place, structure, 170
or building, or to any other person, with knowledge or 171
reasonable cause to believe that the purpose of such directing, 172
taking, or transporting is prostitution, lewdness, or 173
assignation. 174
(e) For a person 18 years of age or older to offer to 175
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commit, or to commit, or to engage in, prostitution, le wdness, 176
or assignation. 177
(f) To solicit, induce, entice, or procure another to 178
commit prostitution, lewdness, or assignation. 179
(g) To reside in, enter, or remain in, any place, 180
structure, or building, or to enter or remain in any conveyance, 181
for the purpose of prostitution, lewdness, or assignation. 182
(h) To aid, abet, or participate in any of the acts or 183
things enumerated in this subsection. 184
(i) To purchase the services of any person engaged in 185
prostitution. 186
(4)(a) A person who violates any provision of this 187
section, other than paragraph (2)(a) or paragraph (2)(f), 188
commits: 189
1. A misdemeanor of the second degree for a first 190
violation, punishable as provided in s. 775.082 or s. 775.083. 191
2. A misdemeanor of the first degree for a second 192
violation, punishable as provided in s. 775.082 or s. 775.083. 193
3. A felony of the third degree for a third or subsequent 194
violation, punishable as provided in s. 775.082, s. 775.083, or 195
s. 775.084. 196
(b) A person who is charged with a third or subsequent 197
violation of this section, other than paragraph (2)(a) or 198
paragraph (2)(f), shall be offered admission to a pretrial 199
intervention program or a substance abuse treatment program as 200
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provided in s. 948.08. 201
(5)(a) A person who violates paragraph (2)(a) commits a 202
felony of the second degree, punishable as provided in s. 203
775.082, s. 775.083, or s. 775.084. 204
(b)1. A person who violates paragraph (2)(d) commits a 205
felony of the second degree for a first violation, punishable as 206
provided in s. 775.082, s. 775.083, or s. 775.08 4. 207
2. A person who violates paragraph (2)(d) commits a felony 208
of the first degree for a second or subsequent violation, 209
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 210
Section 3. Subsection (4) of section 456.074, Florida 211
Statutes, is amended to read: 212
456.074 Certain health care practitioners; immediate 213
suspension of license. — 214
(4) The department shall issue an emergency order 215
suspending the license of a massage therapist or establishment 216
as defined in chapter 480 upon receipt of i nformation that the 217
massage therapist, a person with an ownership interest in the 218
establishment, or, for a corporation that has more than $250,000 219
of business assets in this state, the owner, officer, or 220
individual directly involved in the management of th e 221
establishment has been convicted or found guilty of, or has 222
entered a plea of guilty or nolo contendere to, regardless of 223
adjudication, a violation of s. 796.07(2)(a) which is 224
reclassified under s. 796.07(8) s. 796.07(7) or a felony offense 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
under any of the following provisions of state law or a similar 226
provision in another jurisdiction: 227
(a) Section 787.01, relating to kidnapping. 228
(b) Section 787.02, relating to false imprisonment. 229
(c) Section 787.025, relating to luring or enticing a 230
child. 231
(d) Section 787.06, relating to human trafficking. 232
(e) Section 787.07, relating to human smuggling. 233
(f) Section 794.011, relating to sexual battery. 234
(g) Section 794.08, relating to female genital mutilation. 235
(h) Former s. 796.03, relating to procuring a person under 236
the age of 18 for prostitution. 237
(i) Former s. 796.035, relating to the selling or buying 238
of minors into prostitution. 239
(j) Section 796.04, relating to forcing, compelling, or 240
coercing another to become a prostitute. 241
(k) Section 796.05, relating to deriving support from the 242
proceeds of prostitution. 243
(l) Section 796.07(4)(a)3., relating to a felony of the 244
third degree for a third or subsequent violation of s. 796.07, 245
relating to prohibiting prostitution and related acts. 246
(m) Section 800.04, relating to lewd or lascivious 247
offenses committed upon or in the presence of persons less than 248
16 years of age. 249
(n) Section 825.1025(2)(b), relating to lewd or lascivious 250
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offenses committed upon or in the presence of an elderly or 251
disabled person. 252
(o) Section 827.071, relating to sexual performance by a 253
child. 254
(p) Section 847.0133, relating to the protection of 255
minors. 256
(q) Section 847.0135, relating to computer pornography. 257
(r) Section 847.0138, relating to the transmission of 258
material harmful to minors to a minor by electronic device or 259
equipment. 260
(s) Section 847.0145, relating to the selling or buying of 261
minors. 262
Section 4. Subsection (7) of section 480.041, Florida 263
Statutes, is amended to read: 264
480.041 Massage therapists; qualificat ions; licensure; 265
endorsement.— 266
(7) The board shall deny an application for a new or 267
renewal license if an applicant has been convicted or found 268
guilty of, or enters a plea of guilty or nolo contendere to, 269
regardless of adjudication, a violation of s. 796 .07(2)(a) which 270
is reclassified under s. 796.07(8) s. 796.07(7) or a felony 271
offense under any of the following provisions of state law or a 272
similar provision in another jurisdiction: 273
(a) Section 787.01, relating to kidnapping. 274
(b) Section 787.02, relat ing to false imprisonment. 275
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(c) Section 787.025, relating to luring or enticing a 276
child. 277
(d) Section 787.06, relating to human trafficking. 278
(e) Section 787.07, relating to human smuggling. 279
(f) Section 794.011, relating to sexual battery. 280
(g) Section 794.08, relating to female genital mutilation. 281
(h) Former s. 796.03, relating to procuring a person under 282
the age of 18 for prostitution. 283
(i) Former s. 796.035, relating to the selling or buying 284
of minors into prostitution. 285
(j) Section 796.04, rel ating to forcing, compelling, or 286
coercing another to become a prostitute. 287
(k) Section 796.05, relating to deriving support from the 288
proceeds of prostitution. 289
(l) Section 796.07(4)(a)3., relating to a felony of the 290
third degree for a third or subsequent violation of s. 796.07, 291
relating to prohibiting prostitution and related acts. 292
(m) Section 800.04, relating to lewd or lascivious 293
offenses committed upon or in the presence of persons less than 294
16 years of age. 295
(n) Section 825.1025(2)(b), relating to lewd or lascivious 296
offenses committed upon or in the presence of an elderly or 297
disabled person. 298
(o) Section 827.071, relating to sexual performance by a 299
child. 300
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(p) Section 847.0133, relating to the protection of 301
minors. 302
(q) Section 847.0135, relating to computer pornography. 303
(r) Section 847.0138, relating to the transmission of 304
material harmful to minors to a minor by electronic device or 305
equipment. 306
(s) Section 847.0145, relating to the selling or buying of 307
minors. 308
Section 5. Subsection (1) and paragraphs (a) and (b) of 309
subsection (2) of section 943.0433, Florida Statutes, are 310
amended to read: 311
943.0433 Soliciting for Prostitution Public Database. — 312
(1) The department shall create and administer the 313
Soliciting for Prostitution Public Databa se. The clerk of the 314
court shall forward to the department the criminal history 315
record of a person in accordance with s. 796.07(6)(e) s. 316
796.07(5)(e), and the department shall add the criminal history 317
record to the database. 318
(2)(a) The department shall a utomatically remove the 319
criminal history record of a person from the database if, after 320
5 years following the commission of an offense that meets the 321
criteria set forth in s. 796.07(6)(e) s. 796.07(5)(e), such 322
person has not subsequently committed a violat ion that meets 323
such criteria or any other offense within that time that would 324
constitute a sexual offense, including, but not limited to, 325
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human trafficking, or an offense that would require registration 326
as a sexual offender. 327
(b) The department may not re move a criminal history 328
record from the database if a person commits a violation that 329
meets the criteria set forth in s. 796.07(6)(e) s. 796.07(5)(e) 330
a second or subsequent time. 331
Section 6. This act shall take effect October 1, 2022. 332