Florida Senate - 2023 SB 472 By Senator Garcia 36-01597-23 2023472__ 1 A bill to be entitled 2 An act relating to protection of exploited persons; 3 amending s. 450.045, F.S.; providing criminal 4 penalties for the failure to verify and maintain 5 specified documentation of an adult theater employee 6 or contractor; amending s. 796.07, F.S.; requiring a 7 mandatory minimum term of incarceration for a person 8 convicted of solicitation of prostitution, lewdness, 9 or assignation; authorizing a judicial circuit to 10 offer an educational program to such a person; 11 providing topics for the educational program; 12 providing legislative intent; creating s. 847.126, 13 F.S.; providing definitions; requiring a commercial 14 entity that publishes or distributes material harmful 15 to minors on the Internet from a website that contains 16 a substantial portion of such material to perform 17 reasonable age verification; providing for damages for 18 minors who access such sites; prohibiting such sites 19 from retaining identifying information; providing for 20 damages for violations; providing exceptions; 21 providing construction; amending s. 943.0433, F.S.; 22 conforming cross-references; providing effective 23 dates. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1.Paragraph (e) is added to subsection (3) of 28 section 450.045, Florida Statutes, and paragraphs (a), (b), and 29 (c) of that subsection are republished, to read: 30 450.045Proof of identity and age; posting of notices. 31 (3)(a)In order to provide the department and law 32 enforcement agencies the means to more effectively identify, 33 investigate, and arrest persons engaging in human trafficking, 34 an adult theater, as defined in s. 847.001(2)(b), shall obtain 35 proof of the identity and age of each of its employees or 36 independent contractors, and shall verify the validity of the 37 identification and age verification document with the issuer, 38 before his or her employment or provision of services as an 39 independent contractor. 40 (b)The adult theater shall obtain and keep on record a 41 photocopy of the persons driver license or state or federal 42 government-issued photo identification card, along with a record 43 of the verification of the validity of the identification and 44 age verification document with the issuer, during the entire 45 period of employment or business relationship with the 46 independent contractor and for at least 3 years after the 47 employee or independent contractor ceases employment or the 48 provision of services. 49 (c)The department and its agents have the authority to 50 enter during operating hours, unannounced and without prior 51 notice, and inspect at any time a place or establishment covered 52 by this subsection and to have access to age verification 53 documents kept on file by the adult theater and such other 54 records as may aid in the enforcement of this subsection. 55 (e)A person who owns, operates, or manages an adult 56 theater in violation of the requirements of this subsection 57 commits a misdemeanor of the first degree, punishable as 58 provided in s. 775.082 or s. 775.083. 59 Section 2.Subsection (5) of section 796.07, Florida 60 Statutes, is amended, subsection (8) is added to that section, 61 and paragraph (f) of subsection (2) of that section is 62 republished, to read: 63 796.07Prohibiting prostitution and related acts. 64 (2)It is unlawful: 65 (f)To solicit, induce, entice, or procure another to 66 commit prostitution, lewdness, or assignation. 67 (5)(a)A person who violates paragraph (2)(f) commits: 68 1.A misdemeanor of the first degree for a first violation, 69 punishable as provided in s. 775.082 or s. 775.083. 70 2.A felony of the third degree for a second violation, 71 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 72 3.A felony of the second degree for a third or subsequent 73 violation, punishable as provided in s. 775.082, s. 775.083, or 74 s. 775.084. 75 (b)In addition to any other penalty imposed, the court 76 shall order a person convicted of a violation of paragraph 77 (2)(f) to: 78 1.Perform 100 hours of community service.; and 79 2.Pay for and attend an educational program as described 80 in subsection (8) about the negative effects of prostitution and 81 human trafficking, such as a sexual violence prevention 82 education program, including such programs offered by faith 83 based providers, if such a program exists programs exist in the 84 judicial circuit in which the offender is sentenced. 85 3.Serve a minimum of: 86 a.Ten days in county jail for a first violation. 87 b.Thirty days in county jail for a second or subsequent 88 violation. 89 (c)In addition to any other penalty imposed, the court 90 shall sentence a person convicted of a second or subsequent 91 violation of paragraph (2)(f) to a minimum mandatory period of 92 incarceration of 10 days. 93 (c)(d)1.If a person who violates paragraph (2)(f) uses a 94 vehicle in the course of the violation, the judge, upon the 95 persons conviction, may issue an order for the impoundment or 96 immobilization of the vehicle for a period of up to 60 days. The 97 order of impoundment or immobilization must include the names 98 and telephone numbers of all immobilization agencies meeting all 99 of the conditions of s. 316.193(13). Within 7 business days 100 after the date that the court issues the order of impoundment or 101 immobilization, the clerk of the court must send notice by 102 certified mail, return receipt requested, to the registered 103 owner of the vehicle, if the registered owner is a person other 104 than the defendant, and to each person of record claiming a lien 105 against the vehicle. 106 2.The owner of the vehicle may request the court to 107 dismiss the order. The court must dismiss the order, and the 108 owner of the vehicle will incur no costs, if the owner of the 109 vehicle alleges and the court finds to be true any of the 110 following: 111 a.The owners family has no other private or public means 112 of transportation; 113 b.The vehicle was stolen at the time of the offense; 114 c.The owner purchased the vehicle after the offense was 115 committed, and the sale was not made to circumvent the order and 116 allow the defendant continued access to the vehicle; or 117 d.The vehicle is owned by the defendant but is operated 118 solely by employees of the defendant or employees of a business 119 owned by the defendant. 120 3.If the court denies the request to dismiss the order, 121 the petitioner may request an evidentiary hearing. If, at the 122 evidentiary hearing, the court finds to be true any of the 123 circumstances described in sub-subparagraphs (c)2.a.-d. sub 124 subparagraphs (d)2.a.-d., the court must dismiss the order and 125 the owner of the vehicle will incur no costs. 126 (d)(e)The Soliciting for Prostitution Public Database 127 created pursuant to s. 943.0433 must include the criminal 128 history record of a person who is found guilty as a result of a 129 trial or who enters a plea of guilty or nolo contendere, 130 regardless of whether adjudication is withheld, of paragraph 131 (2)(f), and there is evidence that such person provided a form 132 of payment or arranged for the payment of such services. Upon 133 conviction, the clerk of the court shall forward the criminal 134 history record of the person to the Department of Law 135 Enforcement, pursuant to s. 943.052(2), for inclusion in the 136 database. This paragraph shall stand repealed on January 1, 137 2024, unless reviewed and saved from repeal by the Legislature. 138 (8)A judicial circuit may establish an educational program 139 for persons convicted of or charged with a violation of 140 paragraph (2)(f), to include education on: 141 (a)The relationship between demand for commercial sex and 142 human trafficking. 143 (b)The impact of human trafficking on victims. 144 (c)Coercion, consent, and sexual violence. 145 (d)The health and legal consequences of commercial sex. 146 (e)The negative impact of commercial sex on prostituted 147 persons and the community. 148 (f)The reasons and motivations for engaging in 149 prostitution. 150 151 An educational program under this subsection may include a 152 program offered by a faith-based provider. 153 Section 3.Section 847.126, Florida Statutes, is intended 154 to provide a civil remedy for damages against commercial 155 entities who distribute material harmful to minors. Pornography 156 is creating a public health crisis and is having a corroding 157 influence on minors. Due to advances in technology, the 158 universal availability of the Internet, and limited age 159 verification requirements, minors are exposed to pornography 160 younger in age. Pornography contributes to the 161 hypersexualization of teens and prepubescent children and may 162 lead to low self-esteem, body image disorders, problematic 163 sexual activity at a young age, and desire among adolescents to 164 engage in risky sexual behavior. Pornography may also impact 165 brain development and functioning, contribute to emotional and 166 medical illnesses, shape deviant sexual arousal, lead to 167 difficulty in forming or maintaining positive intimate 168 relationships, and promote problematic or harmful sexual 169 behaviors and addiction. 170 Section 4.Effective January 1, 2024, section 847.126, 171 Florida Statutes, is created to read: 172 847.126Liability for publishers and distributors of 173 material harmful to minors. 174 (1)As used in this section, the term: 175 (a)Commercial entity includes corporations, limited 176 liability companies, partnerships, limited partnerships, sole 177 proprietorships, and any other legally recognized entities. 178 (b)Distribute means to issue, sell, give, provide, 179 deliver, transfer, transmute, circulate, or disseminate by any 180 means. 181 (c)Internet means the international computer network of 182 both federal and nonfederal interoperable packet-switched data 183 networks. 184 (d)Material harmful to minors means all of the 185 following: 186 1.Any material that the average person applying 187 contemporary community standards would find, taken as a whole 188 and with respect to minors, appeals to or panders to the 189 prurient interest. 190 2.Any material that exploits, is devoted to, or 191 principally consists of descriptions of actual, simulated, or 192 animated display or depiction of any of the following, in a 193 manner patently offensive with respect to minors: 194 a.Pubic hair, anus, vulva, genitals, or nipple of the 195 female breast. 196 b.Touching, caressing, or fondling of nipples, breasts, 197 buttocks, anuses, or genitals. 198 c.Sexual intercourse, masturbation, sodomy, bestiality, 199 oral copulation, flagellation, excretory functions, exhibitions, 200 or any other sexual act. 201 3.The material taken as a whole lacks serious literary, 202 artistic, political, or scientific value for minors. 203 (e)News-gathering organization means any of the 204 following: 205 1.An employee of a newspaper, news publication, or news 206 source, printed or on an online or mobile platform, of current 207 news and public interest, while operating as an employee as 208 provided in this subparagraph, who can provide documentation of 209 such employment. 210 2.An employee of a radio broadcast station, television 211 broadcast station, cable television operator, or wire service 212 while operating as an employee as provided in this subparagraph, 213 who can provide documentation of such employment. 214 (f)Publish means to communicate or make information 215 available to another person or entity on a publicly available 216 Internet website. 217 (g)Reasonable age verification methods include verifying 218 that the person seeking to access the material is 18 years of 219 age or older by using any of the following methods: 220 1.Providing a digital proof of driver license or 221 identification card as provided in s. 322.032. 222 2.Requiring the person to comply with a commercial age 223 verification system that verifies age in one or more of the 224 following ways: 225 a.Government-issued identification. 226 b.Any commercially reasonable method that relies on public 227 or private transactional data to verify the age of the person is 228 at least 18 years of age or older. 229 (h)Substantial portion means more than 33 1/3 percent of 230 total material on a website is material harmful to minors. 231 (i)Transactional data means a sequence of information 232 that documents an exchange, agreement, or transfer between a 233 person and a commercial entity or a third party used for the 234 purpose of satisfying a request or event. Transactional data 235 includes, but is not limited to, records from mortgage, 236 education, and employment entities. 237 (2)(a)A commercial entity that knowingly and intentionally 238 publishes or distributes material harmful to minors on the 239 Internet on a website that contains a substantial portion of 240 such material must perform reasonable age verification methods 241 to verify the age of persons attempting to access the material. 242 (b)A commercial entity that fails to comply with paragraph 243 (a) is liable to a minor for damages resulting from the minor 244 accessing the material, including court costs and reasonable 245 attorney fees as ordered by the court. 246 (3)(a)A commercial entity or third party that performs the 247 required age verification may not retain any identifying 248 information of the person after access has been granted to the 249 material. 250 (b)A commercial entity that violates paragraph (a) is 251 liable to the person for damages resulting from retaining the 252 identifying information, including court costs and reasonable 253 attorney fees as ordered by the court. 254 (4)(a)This section does not apply to any bona fide news or 255 public interest broadcast, website video, report, or event and 256 may not be construed to affect the rights of a news-gathering 257 organization. 258 (b)An Internet service provider or its affiliates or 259 subsidiaries, a search engine, or a cloud service provider may 260 not be held to have violated this section solely for providing 261 access or connection to or from a website or other information 262 or content on the Internet or a facility, system, or network not 263 under that providers control, including transmission, 264 downloading, intermediate storage, or access software, to the 265 extent such provider is not responsible for the creation of the 266 content of the communication that constitutes material harmful 267 to minors. 268 Section 5.Subsection (1) and paragraphs (a) and (b) of 269 subsection (2) of section 943.0433, Florida Statutes, are 270 amended to read: 271 943.0433Soliciting for Prostitution Public Database. 272 (1)The department shall create and administer the 273 Soliciting for Prostitution Public Database. The clerk of the 274 court shall forward to the department the criminal history 275 record of a person in accordance with s. 796.07(5)(d) s. 276 796.07(5)(e), and the department shall add the criminal history 277 record to the database. 278 (2)(a)The department shall automatically remove the 279 criminal history record of a person from the database if, after 280 5 years following the commission of an offense that meets the 281 criteria set forth in s. 796.07(5)(d) s. 796.07(5)(e), such 282 person has not subsequently committed a violation that meets 283 such criteria or any other offense within that time that would 284 constitute a sexual offense, including, but not limited to, 285 human trafficking, or an offense that would require registration 286 as a sexual offender. 287 (b)The department may not remove a criminal history record 288 from the database if a person commits a violation that meets the 289 criteria set forth in s. 796.07(5)(d) s. 796.07(5)(e) a second 290 or subsequent time. 291 Section 6.Except as otherwise provided in this act, this 292 act shall take effect July 1, 2023.