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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 prostitution, lewdness, human 2
trafficking, and public lodging; providing a short 3
title; creating s. 509.098, F.S.; prohibiting an 4
operator of a public lodging establishment from 5
offering an hourly rate for an accommodation; amending 6
s. 796.07, F.S.; increasing criminal penalties for 7
soliciting or procuring another person to commit 8
prostitution or other specified offenses or purchasing 9
the services of a person engaged in prostitution; 10
requiring a person convicted of purchasing the 11
services of a person engaged in prostitution to 12
complete additional court -ordered requirements and to 13
serve a minimum mandatory period of incarceration of 14
10 days under certain circumstances; authorizing a 15
court to impound a vehicle when used in the course of 16
a specified violation; requiring the criminal history 17
record of a person with a specified conviction to be 18
included in the Soliciting for Prostitution Public 19
Database; providing that a person who purchases the 20
services of any person engaged in prostitution is 21
subject to a civil penalty; amending s. 943.0583, 22
F.S.; providing that human trafficking victim 23
expunction of criminal history records does not apply 24
to specified offenses; deleting a requirement for a 25
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specific evidentiary standard when determining human 26
trafficking victim status in the absence of official 27
documentation; creating s. 1004.343, F.S.; creating 28
the Statewide Data Repository for Anonymous Human 29
Trafficking Data at the University of South Florida; 30
providing purposes of the data repository; specif ying 31
duties of the university; designating required 32
reporting entities; requiring specified information to 33
be reported; providing timeframes for reporting; 34
providing an effective date. 35
36
Be It Enacted by the Legislature of the State of Florida: 37
38
Section 1. This act may be cited as the "Human Trafficking 39
Reduction Act." 40
Section 2. Section 509.098, Florida Statutes, is created 41
to read: 42
509.098 Prohibition of hourly rates. —An operator of a 43
public lodging establishment may not offer an hourly rate for an 44
accommodation. 45
Section 3. Subsections (4), (5), and (6) of section 46
796.07, Florida Statutes, are amended, and paragraphs (f) and 47
(i) of subsection (2) of that section are republished, to read: 48
796.07 Prohibiting prostitution and related acts. — 49
(2) It is unlawful: 50
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(f) To solicit, induce, entice, or procure another to 51
commit prostitution, lewdness, or assignation. 52
(i) To purchase the services of any person engaged in 53
prostitution. 54
(4)(a) A person who violates any provision of this 55
section, other than paragraph (2)(f) or paragraph (2)(i), 56
commits: 57
1. A misdemeanor of the second degree for a first 58
violation, punishable as provided in s. 775.082 or s. 775.083. 59
2. A misdemeanor of the first degree for a second 60
violation, punishable as prov ided in s. 775.082 or s. 775.083. 61
3. A felony of the third degree for a third or subsequent 62
violation, punishable as provided in s. 775.082, s. 775.083, or 63
s. 775.084. 64
(b) A person who is charged with a third or subsequent 65
violation of this section, other than paragraph (2)(f) or 66
paragraph (2)(i), shall be offered admission to a pretrial 67
intervention program or a substance abuse treatment program as 68
provided in s. 948.0 8. 69
(5)(a) A person who violates paragraph (2)(f) or paragraph 70
(2)(i) commits: 71
1. A felony of the third misdemeanor of the first degree 72
for a first violation, punishable as provided in s. 775.082 , or 73
s. 775.083, or s. 775.084. 74
2. A felony of the second third degree for a second 75
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violation, punishable as provided in s. 775.082, s. 775.083, or 76
s. 775.084. 77
3. A felony of the first second degree for a third or 78
subsequent violation, punishable as provided in s. 775.082, s. 79
775.083, or s. 775.084. 80
(b) In addition to any other penalty imposed, the court 81
shall order a person convicted of a violation of paragraph 82
(2)(f) or paragraph (2)(i) to: 83
1. Perform 100 hours of community service; and 84
2. Pay for and attend an educational program about the 85
negative effects of prostitution and human trafficking, such as 86
a sexual violence prevention education program, including such 87
programs offered by faith -based providers, if such programs 88
exist in the judicial circuit in which the offender is 89
sentenced. 90
(c) In addition to any other penalty imposed, the court 91
shall sentence a person convicted of a second or subsequent 92
violation of paragraph (2)(f) or paragraph (2)(i) to a minimum 93
mandatory period of incarceration of 10 days. 94
(d)1. If a person who violates paragraph (2)(f) or 95
paragraph (2)(i) uses a vehicle in the course of the violation, 96
the judge, upon the person's conviction, may issue an order for 97
the impoundment or immobilization of the vehicle for a period of 98
up to 60 days. The order of impoundment or immobiliza tion must 99
include the names and telephone numbers of all immobilization 100
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agencies meeting all of the conditions of s. 316.193(13). Within 101
7 business days after the date that the court issues the order 102
of impoundment or immobilization, the clerk of the court must 103
send notice by certified mail, return receipt requested, to the 104
registered owner of the vehicle, if the registered owner is a 105
person other than the defendant, and to each person of record 106
claiming a lien against the vehicle. 107
2. The owner of the veh icle may request the court to 108
dismiss the order. The court must dismiss the order, and the 109
owner of the vehicle will incur no costs, if the owner of the 110
vehicle alleges and the court finds to be true any of the 111
following: 112
a. The owner's family has no oth er private or public means 113
of transportation; 114
b. The vehicle was stolen at the time of the offense; 115
c. The owner purchased the vehicle after the offense was 116
committed, and the sale was not made to circumvent the order and 117
allow the defendant continued access to the vehicle; or 118
d. The vehicle is owned by the defendant but is operated 119
solely by employees of the defendant or employees of a business 120
owned by the defendant. 121
3. If the court denies the request to dismiss the order, 122
the petitioner may reque st an evidentiary hearing. If, at the 123
evidentiary hearing, the court finds to be true any of the 124
circumstances described in sub -subparagraphs (d)2.a. -d., the 125
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court must dismiss the order and the owner of the vehicle will 126
incur no costs. 127
(e) The Soliciting for Prostitution Public Database 128
created pursuant to s. 943.0433 must include the criminal 129
history record of a person who is found guilty as a result of a 130
trial or who enters a plea of guilty or nolo contendere, 131
regardless of whether adjudication is with held, of paragraph 132
(2)(f) or paragraph (2)(i), and there is evidence that such 133
person provided a form of payment or arranged for the payment of 134
such services. Upon conviction, the clerk of the court shall 135
forward the criminal history record of the person t o the 136
Department of Law Enforcement, pursuant to s. 943.052(2), for 137
inclusion in the database. This paragraph shall stand repealed 138
on January 1, 2024, unless reviewed and saved from repeal by the 139
Legislature. 140
(6) A person who violates paragraph (2)(f) or paragraph 141
(2)(i) shall be assessed a civil penalty of $5,000 if the 142
violation results in any judicial disposition other than 143
acquittal or dismissal. Of the proceeds from each penalty 144
assessed under this subsection, the first $500 shall be paid to 145
the circuit court administrator for the sole purpose of paying 146
the administrative costs of treatment -based drug court programs 147
provided under s. 397.334. The remainder of the penalty assessed 148
shall be deposited in the Operations and Maintenance Trust Fund 149
of the Department of Children and Families for the sole purpose 150
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of funding safe houses and safe foster homes as provided in s. 151
409.1678. 152
153
Section 4. Subsections (3) and (5) of section 943.0583, 154
Florida Statutes, are amended to read: 155
943.0583 Human traffickin g victim expunction. — 156
(3)(a) Except as provided in paragraph (b), a person who 157
is a victim of human trafficking may petition for the expunction 158
of a criminal history record resulting from the arrest or filing 159
of charges for one or more offenses committed or reported to 160
have been committed while the person was a victim of human 161
trafficking, which offense was committed or reported to have 162
been committed as a part of the human trafficking scheme of 163
which the person was a victim or at the direction of an oper ator 164
of the scheme, including, but not limited to, violations under 165
chapters 796 and 847, without regard to the disposition of the 166
arrest or of any charges. 167
(b) However, This section does not apply to any offense 168
listed in s. 775.084(1)(b)1. if the defendant was found guilty 169
of, or pled guilty or nolo contendere to, any such offense. 170
(c) Determination of the petition under this section 171
should be by a preponderance of the evidence. A conviction 172
expunged under this section is deemed to have been vacated d ue 173
to a substantive defect in the underlying criminal proceedings. 174
If a person is adjudicated not guilty by reason of insanity or 175
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is found to be incompetent to stand trial for any such charge, 176
the expunction of the criminal history record may not prevent 177
the entry of the judgment or finding in state and national 178
databases for use in determining eligibility to purchase or 179
possess a firearm or to carry a concealed firearm, as authorized 180
in s. 790.065(2)(a)4.c. and 18 U.S.C. s. 922(t), nor shall it 181
prevent any governmental agency that is authorized by state or 182
federal law to determine eligibility to purchase or possess a 183
firearm or to carry a concealed firearm from accessing or using 184
the record of the judgment or finding in the course of such 185
agency's official duties. 186
(5) Official documentation of the victim's status creates 187
a presumption that his or her participation in the offense was a 188
result of having been a victim of human trafficking but is not 189
required for granting a petition under this section. A 190
determination made without such official documentation must be 191
made by a showing of clear and convincing evidence. 192
Section 5. Section 1004.343, Florida Statutes, is created 193
to read: 194
1004.343 Statewide Data Repository for Anonymous Human 195
Trafficking Data.— 196
(1) There is created the Statewide Data Repository for 197
Anonymous Human Trafficking Data. The repository shall be housed 198
in and operated by the University of South Florida Trafficking 199
in Persons - Risk to Resilience Lab. 200
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(a) The Statewide Data Reposito ry for Anonymous Human 201
Trafficking Data shall: 202
1. Collect and analyze anonymous human trafficking data to 203
identify trends in human trafficking in the state over time. 204
2. Evaluate the effectiveness of various state -funded 205
initiatives to combat human trafficking to enable the state to 206
make evidence-based decisions in funding future initiatives. 207
3. Disseminate relevant data to law enforcement agencies, 208
state agencies, and other entities to assist in combatting human 209
trafficking and apprehending and pr osecuting persons responsible 210
for conducting human trafficking. 211
4. Evaluate the effectiveness of interventions and 212
services provided to assist human trafficking victims. 213
(b) The University of South Florida Trafficking in Persons 214
– Risk to Resilience La b shall: 215
1. Design, operate, maintain, and protect the integrity of 216
the Statewide Data Repository for Anonymous Human Trafficking 217
Data. 218
2. Design, in consultation with the Department of Law 219
Enforcement and other law enforcement partners, and launch a 220
user-friendly system for efficiently reporting anonymous human 221
trafficking data to the Statewide Data Repository for Anonymous 222
Human Trafficking Data at no additional cost to reporting 223
entities. 224
3. Analyze anonymous human trafficking data to identify 225
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initiatives and interventions that are effective in combatting 226
human trafficking, apprehending and prosecuting persons 227
responsible for conducting human trafficking, and assisting 228
human trafficking victims. 229
4. Work with law enforcement agencies and state agencies 230
to report data on human trafficking investigations and 231
prosecutions which can aid such agencies in combatting human 232
trafficking and apprehending and prosecuting persons responsible 233
for conducting human trafficking. 234
(2)(a) Except as provided in p aragraph (b), the following 235
agencies and entities shall report anonymous human trafficking 236
data required under this section: 237
1. Law enforcement agencies operating with state or local 238
government tax proceeds, including, but not limited to, 239
municipal police departments, county sheriffs, and state 240
attorneys. 241
2. The Department of Law Enforcement and any other state 242
agency that holds data related to human trafficking. 243
3. Service providers and other nongovernmental 244
organizations that serve human trafficking victims and receive 245
state or federal funding for such purpose. 246
(b) A required reporting entity that submits the data 247
required under subsection (3) to the Department of Law 248
Enforcement's Uniform Crime Report system or Florida Incident -249
Based Reporting System may, but is not required to, submit any 250
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additional data to the Statewide Data Repository for Anonymous 251
Human Trafficking Data. The Department of Law Enforcement shall 252
report to the Statewide Data Repository for Anonymous Human 253
Trafficking Data, at leas t quarterly, the data required under 254
subsection (3) that has been reported by a required reporting 255
entity to the department. 256
(3) A required reporting entity shall submit the following 257
data to the Statewide Data Repository for Anonymous Human 258
Trafficking Data unless such entity is exempt from the reporting 259
requirement under paragraph (2)(b): 260
(a) The alleged human trafficking offense that was 261
investigated or prosecuted and a description of the alleged 262
prohibited conduct. 263
(b) The age, gender, and race or ethnicity of each suspect 264
or defendant and victim. 265
(c) The date, time, and location of the alleged offense. 266
(d) The type of human trafficking involved, whether for 267
labor or services or commercial sexual activity. 268
(e) Any other alleged offense relate d to the human 269
trafficking offense that was investigated or prosecuted. 270
(f) Information regarding any victim services organization 271
or related program to which the victim was referred, if 272
available. 273
(g) The disposition of the investigation or prosecutio n, 274
regardless of the manner of disposition. 275
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(4)(a) A required reporting entity located in a county 276
with a population of more than 500,000 must begin reporting data 277
required by this section to the Statewide Data Repository for 278
Anonymous Human Trafficking Data, or to the Department of Law 279
Enforcement as authorized under paragraph (2)(b), on or before 280
July 1, 2023, and at least quarterly each year thereafter. 281
(b) A required reporting entity located in a county with a 282
population of 500,000 or fewer must beg in reporting data 283
required by this section to the Statewide Data Repository for 284
Anonymous Human Trafficking Data, or to the Department of Law 285
Enforcement as authorized under paragraph (2)(b), on or before 286
July 1, 2024, and at least biannually each year the reafter. 287
Section 6. This act shall take effect upon becoming a law. 288