The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Regulated Industries
BILL: CS/SB 1852
INTRODUCER: Regulated Industries Committee and Senator Bradley
SUBJECT: Reduction of Human Trafficking
DATE: February 9, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Oxamendi Imhof RI Fav/CS
2. CM
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1852 prohibits public lodging establishments from offering an hourly rate for an
accommodation.
The bill increases the criminal penalties for a violation of the prohibition against soliciting,
enticing, or procuring another person to commit prostitution, lewdness, or assignation, and the
prohibition against purchasing the services of any person engaged in prostitution. Under the bill,
a first offense for either crime is a third degree felony. Under current law, a person who solicits,
induces, or procures another person to commit prostitution, lewdness, or assignation commits a
first degree misdemeanor for a first violation, and a person who purchases the services of another
person engaged in prostitution commits a second degree misdemeanor for a first violation. The
bill also increases the criminal penalties for a second violation to a second degree felony, and a
third or subsequent violation to a first degree felony.
The bill creates the Statewide Data Repository for Anonymous Human Trafficking Data
(repository) to be housed in and operated by University of South Florida Trafficking in Persons –
Risk to Resilience Lab (TIP Lab). The TIP Lab must work with law enforcement and required
reporting entities to collect, analyze, and distribute data relating to human trafficking in Florida.
The bill takes effect upon becoming law.
REVISED: BILL: CS/SB 1852 Page 2
II. Present Situation:
Public Lodging Establishments
The Division of Hotels and Restaurants (DHR) within the Department of Business and
Professional Regulation licenses, inspects, and regulates public lodging and food service
establishments in Florida. The DHR also licenses and regulates elevators, escalators, and other
vertical conveyance devices.
1
A public lodging establishment includes establishments that are transient or nontransient.
2
A
“transient public lodging establishment” means:
any unit, group of units, dwelling, building, or group of buildings within a
single complex of buildings which is rented to guests more than three
times in a calendar year for periods of less than 30 days or 1 calendar
month, whichever is less, or which is advertised or held out to the public
as a place regularly rented to guests.
3
A “nontransient public lodging establishment” means:
any unit, group of units, dwelling, building, or group of buildings within a
single complex of buildings which is rented to guests for periods of at
least 30 days or 1 calendar month, whichever is less, or which is
advertised or held out to the public as a place regularly rented to guests for
periods of at least 30 days or 1 calendar month.
4
Section 509.013(4)(b), F.S., exempts the following types of establishments from the definition of
“public lodging establishment”:
1. Any dormitory or other living or sleeping facility maintained by a
public or private school, college, or university for the use of students,
faculty, or visitors;
2. Any facility certified or licensed and regulated by the Agency for
Health Care Administration or the Department of Children and Families or
other similar place regulated under s. 381.0072, F.S.;
3. Any place renting four rental units or less, unless the rental units are
advertised or held out to the public to be places that are regularly rented to
transients;
4. Any unit or group of units in a condominium, cooperative, or
timeshare plan and any individually or collectively owned one-family,
1
DBPR, Division of Hotels and Restaurants, http://www.myfloridalicense.com/DBPR/hotels-restaurants/ (last visited
Jan. 14, 2022).
2
See s. 509.013(4)(a), F.S., which provides “license classifications of public lodging establishments, and the definitions
therefor,” are set out in s. 509.242, F.S. For the purpose of licensure, the term does not include condominium common
elements,” as defined in s. 718.103, F.S.
3
Id. Section s. 509.013(11), F.S., further provides the term “transient establishment” means any public lodging establishment
“that is rented or leased to guests by an operator whose intention is that such guests’ occupancy will be temporary.” Section
s. 509.013(14), F.S., further provides the term “nontransient establishment” means any public lodging establishment “that is
rented or leased to guests by an operator whose intention is that the dwelling unit occupied will be the sole resident of the
guest.”
4
Id. BILL: CS/SB 1852 Page 3
two-family, three-family, or four-family dwelling house or dwelling unit
that is rented for periods of at least 30 days or one calendar month,
whichever is less, and that is not advertised or held out to the public as a
place regularly rented for periods of less than one calendar month,
provided that no more than four rental units within a single complex of
buildings are available for rent;
5. Any migrant labor camp or residential migrant housing permitted by
the Department of Health under ss. 381.008-381.00895, F.S.;
6. Any establishment inspected by the Department of Health and
regulated by ch. 513 F.S.;
7. Any nonprofit organization that operates a facility providing housing
only to patients, patients’ families, and patients’ caregivers and not to the
general public;
8. Any apartment building inspected by the United States Department of
Housing and Urban Development or other entity acting on the
department’s behalf that is designated primarily as housing for persons at
least 62 years of age. The division may require the operator of the
apartment building to attest in writing that such building meets the criteria
provided in this subparagraph. The division may adopt rules to implement
this requirement; and
9. Any roominghouse, boardinghouse, or other living or sleeping facility
that may not be classified as a hotel, motel, timeshare project, vacation
rental, nontransient apartment, bed and breakfast inn, or transient
apartment under s. 509.242, F.S.
A public lodging establishment is classified as a hotel, motel, vacation rental, nontransient
apartment, transient apartment, bed and breakfast inn, or timeshare project.
5
A “vacation rental” is defined in s. 509.242(1)(c), F.S., as:
…any unit or group of units in a condominium, cooperative, or timeshare
plan or any individually or collectively owned single-family, two-family,
three-family, or four-family house or dwelling unit that is also a transient
public lodging establishment but is not a timeshare project.
Public lodging establishments must be licensed and inspected by the DHR, and are subject to
sanitary standards, staff training and test requirements, administrative rules, and immediate
closure upon a finding that continued operation presents a severe and immediate threat to the
public health.
6
Operators of public lodging establishments or public food service establishments may establish
rules for guests and employees which must be printed in English and posted prominently within
the establishment.
7
5
Section 509.242(1), F.S.
6
See ss. 509.032 and 509.035, F.S.
7
See s. 509.101, F.S. BILL: CS/SB 1852 Page 4
In addition, operators of transient establishments must maintain a register in chronological order,
signed by or for guests who occupy rental units in the establishment, indicating the dates of
occupancy and the rates charged.
8
Registers must be available for inspection by the DHR at any
time, but need not be made available if they are more than two years old.
9
Section 509.241(1), F.S., requires each public lodging establishment and public food service
establishment to obtain a license from the DHR and to renew it annually in order to operate.
Further, the DHR has adopted an administrative rule establishing a staggered schedule for license
issuance and renewal, in which renewal dates are determined by the county in which the
establishment is located.
10
Licenses must be conspicuously displayed in the establishment’s office or lobby.
11
Section 509.251, F.S, provides the method of determining the license fees payable by public
lodging establishments. For a public lodging establishment, the aggregate fee may not exceed
$1,000, not including a maximum $50 fee to cover costs for initiating regulation, or any
applicable delinquency fee which may not exceed $50.
12
By the end of Fiscal Year 2020-2021 there were 53,492 licensed public lodging establishments,
including hotels, motels, transient and nontransient apartments, bed and breakfasts, and vacation
rentals.
13
Soliciting or Purchasing Prostitution
Section 796.07(1)(a), F.S., defines the term “prostitution” to mean the giving or receiving of the
body for sexual activity for hire but excludes sexual activity between spouses.
The term “lewdness” is defined in s. 796.07(1)(b), F.S., to mean any indecent or obscene act.
Section 796.07(1)(c), F.S., defines “assignation” to mean the making of any appointment or
engagement for prostitution or lewdness or any act in furtherance of an appointment or
engagement.
It is unlawful:
14
To own, establish, maintain, or operate any place, structure, building, or conveyance for
the purpose of lewdness, assignation, or prostitution;
To offer, or to offer or agree to secure, another for the purpose of prostitution or for any
other lewd or indecent act;
8
See s. 509.101, F.S.
9
Id.
10
Id. See Fla. Admin. Code R. 61C-1.002(6).
11
See s. 509.241(3), F.S.
12
See s. 509.251(1), F.S. Vacation rental units or timeshare projects within separate buildings or at separate locations that are
managed by one licensed agent may be combined in a single license application, and the DHR must charge a license fee as if
all units in the application are in a single licensed establishment. Id.
13
Department of Business and Professional Regulation, Division of Hotels and Restaurants Annual Report for FY 2020-2021
at page 8, available at http://www.myfloridalicense.com/dbpr/hr/reports/annualreports/documents/ar2020_21.pdf (last visited
Feb. 4, 2022).
14
Sections 796.07(2)(a)-(e) and (g)-(i), F.S. BILL: CS/SB 1852 Page 5
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;
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;
For a person 18 years of age or older to offer to commit, or to commit, or to engage in,
prostitution, lewdness, or assignation;
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;
To aid, abet, or participate in any of the acts or things listed above; or
To purchase the services of any person engaged in prostitution.
The penalty for a violation listed above is punishable as a second degree misdemeanor
15
for a
first violation, a first degree misdemeanor
16
for a second violation, and a third degree felony
17
for
any third or subsequent violation.
18
Additionally, s. 796.07(2)(f), F.S., provides that it is unlawful for a person to solicit, induce, or
procure another person to commit prostitution, lewdness,
19
or assignation.
20
A person who
violates this prohibition commits a first degree misdemeanor for a first violation, a third degree
felony for a second violation, and a second degree felony
21
for a third or subsequent violation.
22
Statewide Data Repository for Anonymous Human Trafficking Data
Currently, human trafficking data is collected across multiple agencies and entities, but there is
no singular, uniform statewide data repository for human trafficking data.
The Florida Department of Law Enforcement’s (FDLE) Uniform Crime Report (Florida UCR)
system provides standardized reports on crime statistics based on statewide data.
23
The
fundamental objectives of the Florida UCR program are to:
24
15
Section 775.082, F.S., provides that a misdemeanor of the second degree is punishable by a term of imprisonment not to
exceed 60 days. Section 775.083, F.S. provides that a misdemeanor of the second degree is punishable by a fine not to exceed
$500.
16
Section 775.082, F.S., provides that a misdemeanor of the first degree is punishable by a term of imprisonment not to
exceed one year. Section 775.083, F.S. provides that a misdemeanor of the first degree is punishable by a fine not to exceed
$1,000.
17
Section 775.082, F.S., provides that a felony of the third degree is punishable by a term of imprisonment not to exceed five
years. Section 775.083, F.S., provides that a felony of the third degree is punishable by a fine not to exceed $5,000.
18
Section 796.07(4), F.S.
19
Section 796.07(1)(b), F.S., defines the term “lewdness” to mean any indecent or obscene act.
20
Section 796.07(1)(c), F.S., defines the term “assignation” to mean the making of any appointment or engagement for
prostitution or lewdness, or any act in furtherance of such appointment or engagement.
21
Section 775.082, F.S., provides that a felony of the second degree is punishable by a term of imprisonment not exceeding
15 years. Section 775.083, F.S., provides that a felony of the third degree is punishable by a fine not exceeding $10,000.
22
Section 796.07(5), F.S.
23
FDLE, Uniform Crime Report, https://www.fdle.state.fl.us/FSAC/Uniform-Crime-Report (last visited Feb. 7, 2022).
24
FDLE, Uniform Crime Reports Guide Manual, Nov. 2018, p.1, available at:
https://www.fdle.state.fl.us/FSAC/UCR/UCRGuideManual.aspx (last visited Feb. 7, 2022). BILL: CS/SB 1852 Page 6
Collect accurate summary crime data from all law enforcement agencies in the state;
Maintain agency crime statistics in a statewide database and provide a barometer of the
frequency and clearance rates of certain crimes;
Publish semi-annual and annual reports to the FDLE Commissioner, Florida Governor,
Florida Legislature, and the public of the various crime trends in the state;
Collect the number of offenses known to UCR Program contributors for murder,
manslaughter, forcible rape, robbery, aggravated assault, burglary, larceny, motor vehicle
theft, arson, simple assault, domestic violence, and other offenses and related arrest
information.
The Florida Incident Based Reporting System (FIBRS) is a statewide database for incident based
reporting. FIBRS streamlines several data collection efforts into one system which includes data
collections from:
25
National Incident Based Reporting System (NIBRS);
Hate Crimes;
Cargo Theft;
Human Trafficking;
Use-of-Force;
Law Enforcement Information Exchange (LInX); and
Police Employee Counts.
The University of South Florida recently established its Trafficking in Persons – Risk to
Resilience Lab (TIP Lab), which is dedicated to eradicating human trafficking in the Tampa Bay
area.
26
The TIP Lab conducts innovative and interdisciplinary research to address human
trafficking issues and trends and shares knowledge and resources with the community through
the establishment of a data depository for use by human trafficking researchers.
27
Prior to the
creation of the TIP Lab, Florida did not have a unified data center for human trafficking.
28
III. Effect of Proposed Changes:
Public Lodging Establishments
The bill creates s. 509.098, F.S., to prohibit public lodging establishments from offering an
hourly rate for an accommodation.
Soliciting or Purchasing Prostitution
The bill amends s. 796.07(2), F.S., to increase the criminal penalties for the offenses of:
25
FDLE, Florida Incident-Based Reporting System (FIBRS), https://www.fdle.state.fl.us/UCR/QR/FIBRS (last visited Feb. 7,
2022).
26
See University of South Florida, USF Trafficking in Persons - Risk to Resilience Lab, https://tiplab.cbcs.usf.edu/index.php
(last visited Feb. 7, 2022).
27
Id.
28
University of South Florida, St. Petersburg Campus, Grand Opening of New Research Lab to Combat Human Trafficking
in Florida, Sept. 15, 2021, https://www.stpetersburg.usf.edu/news/2021/grand-opening-human-trafficing-lab.aspx (last
visited Feb. 7, 2022). BILL: CS/SB 1852 Page 7
Soliciting, enticing, or procuring another person to commit prostitution, lewdness, or
assignation; and
Purchasing the services of any person engaged in prostitution.
Under the bill, the criminal penalties for soliciting, inducing, enticing, or procuring another
person to commit prostitution, lewdness, or assignation increase from a:
First degree misdemeanor to a third degree felony for a first violation;
Third degree felony to a second degree felony for a second violation; and
Second degree felony to a first degree felony for a third or subsequent violation.
The criminal penalties for purchasing the services of any person engaged in prostitution increase
from a:
Second degree misdemeanor to a third degree felony for a first violation;
First degree misdemeanor to a second degree felony for a second violation; and
Third degree felony to a first degree felony for a third or subsequent violation.
The bill includes enhanced penalties for habitual felony offenders under s. 775.084, F.S., for any
person purchasing the services of any person engaged in prostitution.
Statewide Data Repository for Anonymous Human Trafficking Data
The bill creates s. 1004.343, F.S., to create the Statewide Data Repository for Anonymous
Human Trafficking Data (repository) to be housed in and operated by the University of South
Florida Trafficking in Persons – Risk to Resilience Lab (TIP Lab).
The bill requires the repository to:
Collect and analyze anonymous data on human trafficking to identify trends in the state over
time;
Evaluate the effectiveness of various state initiatives and interventions;
Disseminate relevant data to law enforcement agencies, state agencies, and other entities to
assist in combatting human trafficking and apprehending and prosecuting persons responsible
for conducting human trafficking; and
Evaluate the effectiveness of interventions and services provided to assist human trafficking
victims.
Under the bill, the TIP Lab is responsible for designing, operating, maintaining and protecting
the integrity of the repository and the data collected. The bill requires the TIP Lab to work with
the FDLE and other law enforcement partners to launch a user-friendly reporting system by
which reporting entities may make reports at no additional cost to the reporting entities.
The TIP Lab must also analyze human trafficking data to identify initiatives and interventions
that are effective in addressing the various aspects of human trafficking, including assisting
human trafficking victims. The lab is required to report relevant data collected on human
trafficking law enforcement agencies, state agencies, and other entities to assist in combating
human trafficking and apprehending and prosecuting persons responsible for conducting human
trafficking. BILL: CS/SB 1852 Page 8
The bill requires the following agencies and entities to report anonymous human trafficking data:
Law enforcement agencies operating with state or local government tax proceeds, including,
but not limited to, municipal police departments, county sheriffs, and state attorneys;
FDLE and any other state agency that holds data related to human trafficking; and
Service providers and other nongovernmental organizations that serve human trafficking
victims and receive state or federal funding to do so.
The bill exempts from the reporting requirement any entity that submits relevant data to FDLE
through the Uniform Crime Report System (UCR) or through the FIBRS. The bill requires the
FDLE to provide human trafficking data to the repository on a quarterly basis.
An entity that is required to report to the repository must submit the following data:
The alleged human trafficking offense and description of the prohibited conduct;
The age, gender, and race or ethnicity of each suspect or defendant;
The age, gender, and race or ethnicity of the victim;
The date, time, and location of the alleged offense;
The type of human trafficking involved, whether for labor or services or commercial sexual
activity;
Any other alleged offense related to the human trafficking offense;
Information about any victim services referrals provided to the victim, if available; and
The disposition of the investigation or prosecution.
The bill requires reporting entities in a county with a population of 500,000 or more to begin
reporting to the repository or the FDLE by July 1, 2023 and at least quarterly thereafter.
Required reporting entities in a county with a population of 500,000 or fewer must begin
reporting to the Repository by July 1, 2024 and at least biannually each year thereafter.
Effective Date
The bill takes effect July 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None. BILL: CS/SB 1852 Page 9
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Public lodging establishments that offer accommodations for an hourly rate may be
negatively affected by this bill.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 796.07 of the Florida Statutes.
This bill creates the following sections of the Florida Statutes: 509.098 and 1004.343.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Regulated Industries on February 8, 2022:
The committee substitute:
Changes the title from an act relating to hourly rates at public lodging establishments
to an act relating to the reduction of human trafficking;
Amends s. 796.07, F.S., to increase criminal penalties;
Creates s. 1004.343, F.S., to create the Statewide Data Repository for Anonymous
Human Trafficking Data at the University of South Florida; and
Changes the effective date of the bill from July 1, 2022 to upon becoming law. BILL: CS/SB 1852 Page 10
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.