Florida Senate - 2022 SB 760 By Senator Berman 31-00326B-22 2022760__ 1 A bill to be entitled 2 An act relating to human trafficking; amending s. 3 787.06, F.S.; revising the definition of the term 4 coercion; providing criminal penalties for engaging 5 in human trafficking or benefiting financially by 6 receiving value from human trafficking using the labor 7 or services or commercial sexual activity of an adult; 8 amending s. 796.07, F.S.; prohibiting facilitating or 9 enabling the receiving of persons in any place, 10 structure, building, or conveyance for the purpose of 11 prostitution, lewdness, or assignation, or 12 facilitating or enabling any person to remain there 13 for such purposes; providing increased criminal 14 penalties for specified prohibited acts relating to 15 prostitution, lewdness, or assignation; amending ss. 16 456.074, 480.041, and 943.0433, F.S.; conforming 17 cross-references; providing an effective 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: 23 787.06Human trafficking. 24 (2)As used in this section, the term: 25 (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 services 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 cause 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 Schedule 46 I or Schedule II of s. 893.03, alcohol, or any other drug to any 47 person for the purpose of exploitation of that person. 48 (b)Commercial sexual activity means any violation of 49 chapter 796 or an attempt to commit any such offense, and 50 includes sexually explicit performances and the production of 51 pornography. 52 (c)Financial harm includes extortionate extension of 53 credit, loan sharking as defined in s. 687.071, or employment 54 contracts that violate the statute of frauds as provided in s. 55 725.01. 56 (d)Human trafficking means transporting, soliciting, 57 recruiting, harboring, providing, enticing, maintaining, 58 purchasing, patronizing, procuring, or obtaining another person 59 for the purpose of exploitation of that person. 60 (e)Labor means work of economic or financial value. 61 (f)Maintain means, in relation to labor or services, to 62 secure or make possible continued performance thereof, 63 regardless of any initial agreement on the part of the victim to 64 perform such type service. 65 (g)Obtain means, in relation to labor, commercial sexual 66 activity, or services, to receive, take possession of, or take 67 custody of another person or secure performance thereof. 68 (h)Services means any act committed at the behest of, 69 under the supervision of, or for the benefit of another. The 70 term includes, but is not limited to, forced marriage, 71 servitude, or the removal of organs. 72 (i)Sexually explicit performance means an act or show, 73 whether public or private, that is live, photographed, recorded, 74 or videotaped and intended to arouse or satisfy the sexual 75 desires or appeal to a the prurient interest. 76 (j)Unauthorized alien means an alien who is not 77 authorized under federal law to be employed in the United 78 States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall 79 be interpreted consistently with that section and any applicable 80 federal rules or regulations. 81 (k)Venture means any group of two or more individuals 82 associated in fact, whether or not a legal entity. 83 (3)Any person who knowingly, or in reckless disregard of 84 the facts, engages in human trafficking, or attempts to engage 85 in human trafficking, or benefits financially by receiving 86 anything of value from participation in a venture that has 87 subjected a person to human trafficking: 88 (a)1.For labor or services of any child younger than 18 89 years of age or an adult believed by the person to be a child 90 younger than 18 years of age commits a felony of the first 91 degree, punishable as provided in s. 775.082, s. 775.083, or s. 92 775.084. 93 2.Using coercion for labor or services of an adult commits 94 a felony of the first degree, punishable as provided in s. 95 775.082, s. 775.083, or s. 775.084. 96 3.For labor or services of an adult commits a felony of 97 the second degree, punishable as provided in s. 775.082, s. 98 775.083, or s. 775.084. 99 (b)1.Using coercion for commercial sexual activity of an 100 adult commits a felony of the first degree, punishable as 101 provided in s. 775.082, s. 775.083, or s. 775.084. 102 2.For commercial sexual activity of an adult commits a 103 felony of the second degree, punishable as provided in s. 104 775.082, s. 775.083, or s. 775.084. 105 (c)1.For labor or services of any child younger than 18 106 years of age or an adult believed by the person to be a child 107 younger than 18 years of age who is an unauthorized alien 108 commits a felony of the first degree, punishable as provided in 109 s. 775.082, s. 775.083, or s. 775.084. 110 2.Using coercion for labor or services of an adult who is 111 an unauthorized alien commits a felony of the first degree, 112 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 113 (d)Using coercion for commercial sexual activity of an 114 adult who is an unauthorized alien commits a felony of the first 115 degree, punishable as provided in s. 775.082, s. 775.083, or s. 116 775.084. 117 (e)1.For labor or services who does so by the transfer or 118 transport of any child younger than 18 years of age or an adult 119 believed by the person to be a child younger than 18 years of 120 age from outside this state to within this state commits a 121 felony of the first degree, punishable as provided in s. 122 775.082, s. 775.083, or s. 775.084. 123 2.Using coercion for labor or services who does so by the 124 transfer or transport of an adult from outside this state to 125 within this state commits a felony of the first degree, 126 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 127 (f)1.For commercial sexual activity who does so by the 128 transfer or transport of any child younger than 18 years of age 129 or an adult believed by the person to be a child younger than 18 130 years of age from outside this state to within this state 131 commits a felony of the first degree, punishable by imprisonment 132 for a term of years not exceeding life, or as provided in s. 133 775.082, s. 775.083, or s. 775.084. 134 2.Using coercion for commercial sexual activity who does 135 so by the transfer or transport of an adult from outside this 136 state to within this state commits a felony of the first degree, 137 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 138 (g)For commercial sexual activity in which any child 139 younger than 18 years of age or an adult believed by the person 140 to be a child younger than 18 years of age, or in which any 141 person who is mentally defective or mentally incapacitated as 142 those terms are defined in s. 794.011(1), is involved commits a 143 life felony, punishable as provided in s. 775.082(3)(a)6., s. 144 775.083, or s. 775.084. 145 146 For each instance of human trafficking of any individual under 147 this subsection, a separate crime is committed and a separate 148 punishment is authorized. 149 Section 2.Present subsections (5), (6), and (7) of section 150 796.07, Florida Statutes, are redesignated as subsections (6), 151 (7), and (8), respectively, a new subsection (5) is added to 152 that section, and subsections (2) and (4) of that section are 153 amended, to read: 154 796.07Prohibiting prostitution and related acts. 155 (2)It is unlawful: 156 (a)To own, establish, maintain, or operate any place, 157 structure, building, or conveyance for the purpose of lewdness, 158 assignation, or prostitution. 159 (b)To offer, or to offer or agree to secure, another for 160 the purpose of prostitution or for any other lewd or indecent 161 act. 162 (c)To receive, or to offer or agree to receive, or 163 facilitate or enable the receiving of any person into any place, 164 structure, building, or conveyance for the purpose of 165 prostitution, lewdness, or assignation, or to facilitate, 166 enable, or permit any person to remain there for such purpose. 167 (d)To direct, take, or transport, or to offer or agree to 168 direct, take, or transport, any person to any place, structure, 169 or building, or to any other person, with knowledge or 170 reasonable cause to believe that the purpose of such directing, 171 taking, or transporting is prostitution, lewdness, or 172 assignation. 173 (e)For a person 18 years of age or older to offer to 174 commit, or to commit, or to engage in, prostitution, lewdness, 175 or assignation. 176 (f)To solicit, induce, entice, or procure another to 177 commit prostitution, lewdness, or assignation. 178 (g)To reside in, enter, or remain in, any place, 179 structure, or building, or to enter or remain in any conveyance, 180 for the purpose of prostitution, lewdness, or assignation. 181 (h)To aid, abet, or participate in any of the acts or 182 things enumerated in this subsection. 183 (i)To purchase the services of any person engaged in 184 prostitution. 185 (4)(a)A person who violates any provision of this section, 186 other than paragraph (2)(a) or paragraph (2)(f), commits: 187 1.A misdemeanor of the second degree for a first 188 violation, punishable as provided in s. 775.082 or s. 775.083. 189 2.A misdemeanor of the first degree for a second 190 violation, punishable as provided in s. 775.082 or s. 775.083. 191 3.A felony of the third degree for a third or subsequent 192 violation, punishable as provided in s. 775.082, s. 775.083, or 193 s. 775.084. 194 (b)A person who is charged with a third or subsequent 195 violation of this section, other than paragraph (2)(a) or 196 paragraph (2)(f), shall be offered admission to a pretrial 197 intervention program or a substance abuse treatment program as 198 provided in s. 948.08. 199 (5)(a)A person who violates paragraph (2)(a) commits a 200 felony of the second degree, punishable as provided in s. 201 775.082, s. 775.083, or s. 775.084. 202 (b)1.A person who violates paragraph (2)(d) commits a 203 felony of the second degree for a first violation, punishable as 204 provided in s. 775.082, s. 775.083, or s. 775.084. 205 2.A person who violates paragraph (2)(d) commits a felony 206 of the first degree for a second or subsequent violation, 207 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 208 Section 3.Subsection (4) of section 456.074, Florida 209 Statutes, is amended to read: 210 456.074Certain health care practitioners; immediate 211 suspension of license. 212 (4)The department shall issue an emergency order 213 suspending the license of a massage therapist or establishment 214 as defined in chapter 480 upon receipt of information that the 215 massage therapist, a person with an ownership interest in the 216 establishment, or, for a corporation that has more than $250,000 217 of business assets in this state, the owner, officer, or 218 individual directly involved in the management of the 219 establishment has been convicted or found guilty of, or has 220 entered a plea of guilty or nolo contendere to, regardless of 221 adjudication, a violation of s. 796.07(2)(a) which is 222 reclassified under s. 796.07(8) s. 796.07(7) or a felony offense 223 under any of the following provisions of state law or a similar 224 provision in another jurisdiction: 225 (a)Section 787.01, relating to kidnapping. 226 (b)Section 787.02, relating to false imprisonment. 227 (c)Section 787.025, relating to luring or enticing a 228 child. 229 (d)Section 787.06, relating to human trafficking. 230 (e)Section 787.07, relating to human smuggling. 231 (f)Section 794.011, relating to sexual battery. 232 (g)Section 794.08, relating to female genital mutilation. 233 (h)Former s. 796.03, relating to procuring a person under 234 the age of 18 for prostitution. 235 (i)Former s. 796.035, relating to the selling or buying of 236 minors into prostitution. 237 (j)Section 796.04, relating to forcing, compelling, or 238 coercing another to become a prostitute. 239 (k)Section 796.05, relating to deriving support from the 240 proceeds of prostitution. 241 (l)Section 796.07(4)(a)3., relating to a felony of the 242 third degree for a third or subsequent violation of s. 796.07, 243 relating to prohibiting prostitution and related acts. 244 (m)Section 800.04, relating to lewd or lascivious offenses 245 committed upon or in the presence of persons less than 16 years 246 of age. 247 (n)Section 825.1025(2)(b), relating to lewd or lascivious 248 offenses committed upon or in the presence of an elderly or 249 disabled person. 250 (o)Section 827.071, relating to sexual performance by a 251 child. 252 (p)Section 847.0133, relating to the protection of minors. 253 (q)Section 847.0135, relating to computer pornography. 254 (r)Section 847.0138, relating to the transmission of 255 material harmful to minors to a minor by electronic device or 256 equipment. 257 (s)Section 847.0145, relating to the selling or buying of 258 minors. 259 Section 4.Subsection (7) of section 480.041, Florida 260 Statutes, is amended to read: 261 480.041Massage therapists; qualifications; licensure; 262 endorsement. 263 (7)The board shall deny an application for a new or 264 renewal license if an applicant has been convicted or found 265 guilty of, or enters a plea of guilty or nolo contendere to, 266 regardless of adjudication, a violation of s. 796.07(2)(a) which 267 is reclassified under s. 796.07(8) s. 796.07(7) or a felony 268 offense under any of the following provisions of state law or a 269 similar provision in another jurisdiction: 270 (a)Section 787.01, relating to kidnapping. 271 (b)Section 787.02, relating to false imprisonment. 272 (c)Section 787.025, relating to luring or enticing a 273 child. 274 (d)Section 787.06, relating to human trafficking. 275 (e)Section 787.07, relating to human smuggling. 276 (f)Section 794.011, relating to sexual battery. 277 (g)Section 794.08, relating to female genital mutilation. 278 (h)Former s. 796.03, relating to procuring a person under 279 the age of 18 for prostitution. 280 (i)Former s. 796.035, relating to the selling or buying of 281 minors into prostitution. 282 (j)Section 796.04, relating to forcing, compelling, or 283 coercing another to become a prostitute. 284 (k)Section 796.05, relating to deriving support from the 285 proceeds of prostitution. 286 (l)Section 796.07(4)(a)3., relating to a felony of the 287 third degree for a third or subsequent violation of s. 796.07, 288 relating to prohibiting prostitution and related acts. 289 (m)Section 800.04, relating to lewd or lascivious offenses 290 committed upon or in the presence of persons less than 16 years 291 of age. 292 (n)Section 825.1025(2)(b), relating to lewd or lascivious 293 offenses committed upon or in the presence of an elderly or 294 disabled person. 295 (o)Section 827.071, relating to sexual performance by a 296 child. 297 (p)Section 847.0133, relating to the protection of minors. 298 (q)Section 847.0135, relating to computer pornography. 299 (r)Section 847.0138, relating to the transmission of 300 material harmful to minors to a minor by electronic device or 301 equipment. 302 (s)Section 847.0145, relating to the selling or buying of 303 minors. 304 Section 5.Subsection (1) and paragraphs (a) and (b) of 305 subsection (2) of section 943.0433, Florida Statutes, are 306 amended to read: 307 943.0433Soliciting for Prostitution Public Database. 308 (1)The department shall create and administer the 309 Soliciting for Prostitution Public Database. The clerk of the 310 court shall forward to the department the criminal history 311 record of a person in accordance with s. 796.07(6)(e) s. 312 796.07(5)(e), and the department shall add the criminal history 313 record to the database. 314 (2)(a)The department shall automatically remove the 315 criminal history record of a person from the database if, after 316 5 years following the commission of an offense that meets the 317 criteria set forth in s. 796.07(6)(e) s. 796.07(5)(e), such 318 person has not subsequently committed a violation that meets 319 such criteria or any other offense within that time that would 320 constitute a sexual offense, including, but not limited to, 321 human trafficking, or an offense that would require registration 322 as a sexual offender. 323 (b)The department may not remove a criminal history record 324 from the database if a person commits a violation that meets the 325 criteria set forth in s. 796.07(6)(e) s. 796.07(5)(e) a second 326 or subsequent time. 327 Section 6.This act shall take effect October 1, 2022.