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 Fiscal Policy
BILL: CS/CS/CS/SB 796
INTRODUCER: Fiscal Policy Committee; Criminal Justice Committee; Governmental Oversight and
Accountability Committee; and Senators Avila and Yarborough
SUBJECT: Anti-human Trafficking
DATE: February 23, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Limones-Borja McVaney GO Fav/CS
2. Wyant Stokes CJ Fav/CS
3. Limones-Borja Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/CS/SB 796 makes several updates that relate to combatting human trafficking in Florida.
The bill extends the repeal date of the direct-support organization (DSO) for the Statewide
Council on Human Trafficking to October 1, 2029.
The bill replaces the national human trafficking hotline with the Florida human trafficking
hotline in several sections.
The bill also extends the date by which:
A person licensed or certified under several chapters must post a human trafficking public
awareness sign.
A massage establishment must implement a procedure for reporting suspected human
trafficking to the Florida Human Trafficking Hotline.
A public lodging establishment must post a human trafficking public awareness sign.
The bill requires a nongovernmental entity that enters into, renews, or extends a contract with a
governmental entity to provide the governmental entity with an affidavit attesting that the
nongovernmental entity does not use coercion for labor or services.
The bill prohibits a minor from being employed by an adult entertainment establishment in any
role.
REVISED: BILL: CS/CS/CS/SB 796 Page 2
The bill provides that an owner, manager, employee, or contractor of an adult entertainment
establishment who knowingly employs, contracts with, contracts with another person to employ,
or otherwise permits a person younger than 21 years of age to perform or work in an adult
entertainment establishment, commits a first degree misdemeanor.
1
An owner, manager,
employee or contractor of an adult entertainment establishment, who knowingly employs,
contracts with, contracts with another person to employ, or otherwise permits a person younger
than 21 years of age to perform or work nude in an adult entertainment establishment, commits a
second degree felony.
2
The bill also provides that an owner, manager, employee, or contractor of an adult entertainment
establishment, that permits a person to perform as an entertainer or work in any capacity shall
carefully check the person’s driver license or an identification card issued by this state or another
state of the United States, a passport, or a United States Uniformed Services Identification Card
presented by the person and act in good faith and in reliance upon the representation and
appearance of the person in the belief that the person is 21 years of age or older.
The bill provides that a person’s ignorance of a person’s age or a person’s misrepresentation of
his or her age cannot be used a defense in a prosecution for certain violations.
The bill has an indeterminate fiscal impact on the private sector. The bill may increase the need
for prison beds.
The bill takes effect July 1, 2024.
II. Present Situation:
Human Trafficking
Human trafficking means transporting, soliciting, recruiting, harboring, providing, enticing,
maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of
exploitation of that person.
3
Under federal law, the term “severe forms of trafficking in persons”
includes labor
4
and sex trafficking.
5,6
Victims can be found in legal and illegal labor industries,
including child care, elder care, the drug trade, massage parlors, nail and hair salons, restaurants,
hotels, factories, and farms.
7
In 2021, a total of 2,027 persons were referred to U.S. attorneys for
1
A first degree misdemeanor is punishable by a term of imprisonment not exceeding one year, as provided in s. 775.082 or
s. 775.083, F.S.
2
A second degree felony is punishable by a term of imprisonment of fifteen years, as provided in s. 775.082, s. 775.083, or
s. 775.084, F.S.
3
Section 787.06 (2)(d), F.S.
4
The term “labor trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for labor or
services, through the use of force, fraud, or coercion for the purposes of subjection to involuntary servitude, peonage, debt
bondage, or slavery. 22 USCA § 7102.
5
The term “sex trafficking” means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting
of a person for the purpose of a commercial sex act. 22 USCA § 7102.
6
22 USCA § 7102.
7
U.S. Department of Justice, What is Human Trafficking? (Jun. 26, 2023), available at
https://www.justice.gov/humantrafficking/what-is-human-trafficking (last visited February 2, 2024). BILL: CS/CS/CS/SB 796 Page 3
human trafficking offenses.
8
Victims of sex trafficking are frequently recruited to work in strip
clubs across the United States. Such persons may be recruited to work in strip clubs as hostesses,
servers or dancers but are then required to perform sex acts with customers. Such strip clubs may
be designed to provide the space and environment in which buyers may purchase commercial
sex.
9
Human Trafficking in Florida
Florida is ranked the third highest state of reported human trafficking cases in the United
States.
10
Reports of commercially exploited children to the Florida Abuse Hotline for
2022 totaled 3,408 and 3,182 in 2021.
11
In Florida, any person who knowingly, or in reckless
disregard of the facts, engages in human trafficking, attempts to engage in human trafficking, or
benefits financially by receiving anything of value from participation in a venture that has
subjected a person to human trafficking for labor,
12
services,
13
or commercial sexual activity,
14
commits a crime.
15
The circumstances and associated level of offense are as follows:
Statute Description of Offense
Level of
Felony
Offense
Severity
Ranking
787.06(3)(a)1. Using for labor or services of any child under the age of 18 or an
adult believed by the person to be a child younger than 18 years of
age
First Level 8
787.06(3)(a)2. Using coercion
16
for labor or services of an adult First Level 7
787.06(3)(b) Using coercion for commercial sexual activity of an adult First Level 8
8
U.S. Department of Justice, Human Trafficking Data Collection Activities, 2023 (Oct. 2023), available at
https://bjs.ojp.gov/document/htdca23.pdf (last visited February 2, 2024).
9
National Human Trafficking Hotline, Hostess/Strip Club-Based, available at, https://humantraffickinghotline.org/en/sex-
trafficking-venuesindustries/hostessstrip-club-based (last visited Feb. 22, 2024).
10
Florida Alliance to End Human Trafficking, The Issue, available at https://www.floridaallianceendht.com/the-issue/ (last
visited February 2, 2024).
11
The Office of Program Policy Analysis and Government Accountability, Annual Report on the Commercial Sexual
Exploitation of Children in Florida, 2023 (July 2023), available at https://oppaga.fl.gov/Documents/Reports/23-08.pdf (last
visited February 2, 2023).
12
Section 787.06(2)(e), F.S., defines “labor” as: work of economic or financial value.
13
Section 787.06(2)(h), F.S., defines “services” as: any act committed at the behest of, under the supervision of, or for the
benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs.
14
Section 787.06(2)(b), F.S., defines “commercial sexual activity” as any violation of ch. 796, F.S., relating to prostitution, or
an attempt to commit any such offense, and includes sexually explicit performances and the production of pornography.
15
Section 787.06(3), F.S.
16
The term “coercion” means:
1. Using or threatening to use physical force against any person;
2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and
against her or his will;
3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for
the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the
length and nature of the labor or services are not respectively limited and defined;
4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other
immigration document, or any other actual or purported government identification document, of any person;
5. Causing or threatening to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule I or Schedule II of s. 893.03, F.S., to any person for the purpose
of exploitation of that person. Section. 787.06(2)(a), F.S. BILL: CS/CS/CS/SB 796 Page 4
Statute Description of Offense
Level of
Felony
Offense
Severity
Ranking
787.06(3)(c)1. For labor or services of any child younger than 18 years of age or
an adult believed by the person to be a child younger than 18 years
of age who is an unauthorized alien
First Level 9
787.06(3)(c)2. Using coercion for labor or services of an adult who is an
unauthorized alien
First Level 8
787.06(3)(d) Using coercion for commercial sexual activity of an adult who is an
unauthorized alien
First Level 9
787.06(3)(e)1. For labor or services who does so by the transfer or transport of any
child younger than 18 years of age or an adult believed by the
person to be a child younger than 18 years of age from outside this
state to within this state
First Level 8
787.06(3)(e)2. Using coercion for labor or services who does so by the transfer or
transport of an adult from outside this state to within this state
First Level 7
787.06(3)(f)1. For commercial sexual activity who does so by the transfer or
transport of any child younger than 18 years of age or an adult
believed by the person to be a child younger than 18 years of age
from outside this state to within this state
First Level 9
787.06(3)(f)2. Using coercion for commercial sexual activity who does so by the
transfer or transport of an adult from outside this state to within this
state
First Level 8
787.06(3)(g) For commercial sexual activity in which any child younger than 18
years of age or an adult believed by the person to be a child
younger than 18 years of age, or in which any person who is
mentally defective or mentally incapacitated
Life Level 10
Soliciting or Purchasing Prostitution
Section 796.07, F.S., defines prostitution as the giving or receiving of the body for sexual
activity for hire.
17
Under s. 796.07(2)(a)-(e) and (g)-(i), F.S., it is a second-degree misdemeanor:
18
To own, establish, maintain, or operate any place, structure, building, or conveyance for the
purpose of lewdness,
19
assignation,
20
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;
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;
17
This definition excludes sexual activity between spouses. s. 796.07(1)(b), F.S.
18
A second-degree misdemeanor is punishable by up to 60 days in county jail and a fine not exceeding $500. Sections
775.082(4)(b) and 775.083(1)(e), F.S
19
“Lewdness” means any indecent or obscene act. Section 796.07(1)(c), F.S
20
“Assignation” means the making of any appointment or engagement for prostitution or lewdness, or any act in furtherance
of such appointment or engagement. Section 796.07(1)(d), F.S. BILL: CS/CS/CS/SB 796 Page 5
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.
21
Additionally, under s. 796.07(2)(f), F.S., a person who solicits, induces, entices, or procures
another person to commit prostitution, lewdness, or assignation commits a first-degree
misdemeanor for a first violation, a third-degree felony for a second violation, and a second-
degree felony for a third or subsequent violation.
22
An offender convicted for soliciting another
person to commit prostitution is also subject to additional penalties including:
One hundred hours of community service;
23
Being required to pay for and attend an educational program about the negative effects of
prostitution and human trafficking, such as a sexual violence prevention education program,
including such programs offered by faith-based providers, if such a program is offered in the
circuit in which the offender is sentenced;
24
A 10-day mandatory minimum jail sentence for a second or subsequent violation;
25
Vehicle impoundment up to 60 days if the offender used a car to commit the violation;
26
Inclusion of the offender’s name on the Soliciting for Prostitution Public Database in certain
situations;
27
and
A $5,000 civil fine.
28
Commercial Sexual Activity
Strip clubs are considered adult entertainment establishments under Florida law. Section
847.001, F.S., defines “adult entertainment establishment,” to include adult bookstores, adult
theaters, special cabaret, and unlicensed massage establishments.
An adult bookstore is any corporation, partnership, or business of any kind which restricts or
purports to restrict admission only to adults, which has as part of its stock book, magazines,
other periodicals, videos, discs, or other graphic media and which offers, sells, provides, or
rents for a fee any sexually oriented material.
Adult theaters are enclosed buildings or enclosed spaces within a building used for
presenting either film, live plays, dances, or other performances that are distinguished or
characterized by an emphasis on matter depicting, describing, or relating to specific sexual
activities for observation by patrons, and which restricts or purports to restrict admission only
to adults, or any business that features a person who engages in specific sexual activities for
observation by a patron, and which restricts or purports to restrict admission to only adults.
21
Section 796.07(2), F.S.
22
Section 796.07(2)(f) and (5)(a), F.S.
23
Section 796.07(5)(b)1., F.S.
24
Section 796.07(5)(b)2., F.S.
25
Section 796.07(5)(c), F.S.
26
Section 796.07(5)(d), F.S.
27
Section 796.07(5)(e), F.S.
28
Section 796.07(6), F.S. BILL: CS/CS/CS/SB 796 Page 6
Special cabaret is any business that features persons who engage in specific sexual activities
for observation by patrons, and which restricts or purports to restrict admission only to
adults.
An unlicensed massage establishment is any business or enterprise that offers, sells, or
provides, or that holds itself out as offering, selling, or providing, massages that include
bathing, physical massage, rubbing, kneading, anointing, stroking, manipulating, or other
tactile stimulation of the human body by either male or female employees or attendants, by
hand or by any electrical or mechanical device, on or off the premises. This term does not
include an establishment licensed under s. 480.043, F.S.
Several states have enacted laws prohibiting persons under 21 years of age from working or
performing in certain adult entertainment establishments. These laws have been challenged, and
courts have found that the state has a compelling interest in protecting victims from human
trafficking, and that there is often a link between human trafficking and certain adult
entertainment establishments. In Jane Doe I v. Landry, the United States Court of Appeals, Fifth
Circuit upheld a Louisiana law that prohibited establishments licensed to serve alcohol from
employing nearly nude entertainers younger than 21 years of age on the grounds that the law
furthered the state’s interests in curbing human trafficking and prostitution.
29
The Court found that the State of Louisiana sufficiently demonstrated its reasonable belief that
there was a link between Louisiana statutes that prohibited women aged 18 to 21 years old from
nude erotic dancing in establishments that served alcohol and curbing the secondary effects of
human trafficking and prostitution such that the statutes furthered substantial governmental
interest, as required for statutes to survive intermediate scrutiny on erotic dancers’ First
Amendment free speech challenge.
30
In Valadez v. Paxton, the United States District Court, W.D. Texas, Austin Division held that the
State of Texas sufficiently demonstrated that it held reasonable belief that the law prohibiting all
working relationships between persons between the ages of 18 and 20 years old and sexually-
oriented businesses would serve to curb harmful secondary effects of sexually-oriented
businesses, including trafficking and sexual exploitation.
31
The United States District Court denied a motion for a preliminary injunction against the
enforcement of the Texas bill prohibiting “all working relationships between 18-20 year olds and
sexually-oriented businesses” because the plaintiff’s failed to show that the age restrictions were
not rationally related to the state’s interest in curbing human trafficking.
32
In DC Operating, LLC v. Paxton, the United States District Court, W.D. Texas, Austin Division,
denied a motion for a preliminary injunction in part, finding that the state’s recently enacted bill
relating to restrictions on the age of person employed by or allowed on the premises of a sexually
oriented business is rationally related to the state’s interest in curbing human trafficking.
33
The
Court ruled that the plaintiff’s failed to establish a likelihood of success on the merits of their
29
Doe I v. Landry, 909 F.3d 99, 109 (5th Cir. 2018).
30
Id.
31
Valadez v. Paxton, 553 F. Supp.3d 387 (W.D. Tex. 2021).
32
Id.
33
Dc Operating, LLC v. Paxton, 586 F.Supp.3d 554, 572 (W.D. Tex. 2022). BILL: CS/CS/CS/SB 796 Page 7
claims under the First Amendment, Fourteenth Amendment Due Process and Equal Protection
Clauses of the United States Constitution, and Texas Constitution’s equivalent provisions.
34
In Wacko’s Too, Inc. v. City of Jacksonville, the United States District Court, M.D. Florida
upheld age restrictions in a City of Jacksonville ordinance requiring performers at adult
entertainment establishments to be at least 21 years of age based, at least in part, on evidence that
there was a reasonable basis to believe that the age restrictions would further the City’s interest
in preventing human and sex trafficking.
35
The city ordinance provisions forbid anyone under
age 21 from receiving the requisite license to perform at adult entertainment establishments in
the city. The Eleventh Circuit upheld the requirement that adult entertainment establishments
maintain rosters as a “permissible way to keep track of licensed performers, secondary to
combating human trafficking.”
36
The performer disclosure requirement under the ordinance also
relates to preventing human trafficking by allowing law enforcement to keep track of performers.
Criminal Punishment Code
In 1997, the Legislature enacted the Criminal Punishment Code
37
(Code) as Florida’s “primary
sentencing policy.”
38
The offense severity ranking chart must be used with the Code worksheet
to compute a sentence score for each felony offense who offense was committed on or after
October 1, 1998.
39
Noncapital felonies sentenced under the Code receive an offense severity
level ranking (Levels 1-10).
40
Points are assigned and accrue based upon the level ranking
assigned to the primary offense, additional offenses, and prior offenses. Sentence points escalate
as the level escalates. Points may be added or multiplied for other factors such as victim injury,
commission of certain drug trafficking offenses, and certain violent offenses committed against
listed criminal justice professionals performing their duties.
41
Direct-Support Organizations
Citizen-support organizations (CSOs) and direct-support organization (DSOs) are statutorily
created non-profit organizations authorized to carry out specific tasks in support of public
entities or public causes.
42
The function and purpose of a CSO or DSO are prescribed by an
enacting statute and a written contract with the agency the CSO or DSO supports.
43
In 2014, the Legislature created s. 20.058, F.S., which established a comprehensive set of
transparency and reporting requirements for Citizen Support Organizations (CSOs) and Direct-
34
Id.
35
Wacko’s Too Inc. v. City of Jacksonville, 658 F.Supp.3d 1086 (11th Cir. 2023).
36
Id. at 1127.
37
Sections 921.002-921.0027, F.S. The Code is effective for offenses committed on or after October 1, 1998.
38
See chs. 97-194 and 98-204, L.O.F
39
Section 921.0022, F.S.
40
Offenses are either ranked in the offense severity level ranking chart in s. 921.0022, F.S., or are ranked by default based on
a ranking assigned to the felony degree of the offense as provided in s. 921.0023, F.S.
41
Section 921.0024, F.S.
42
See, e.g., ss. 16.618, 413.0111, and 1009.983, F.S.
43
See, e.g., 14.29(9), F.S. BILL: CS/CS/CS/SB 796 Page 8
Support Organizations (DSOs).
44
Specifically, the law requires CSOs and DSOs to annually
submit the following information to the appropriate agency by August 1 of each year:
45
The name, mailing address, telephone number, and website address of the organization;
46
The statutory authority or executive order that created the organization;
47
A brief description of the mission of, and results obtained by, the organization;
48
A brief description of the organization’s plans for the next three fiscal years;
49
A copy of the organization’s ethics code;
50
A copy of the organization’s most recent Internal Revenue Service (IRS) Form 990;
51
and
An attestation, under penalty of perjury, stating that the organization has complied with
subsection (4).
52
By August 15 of each year, each agency must report to the Governor, the President of the Senate,
the Speaker of the House of Representatives, and the Office of Program Policy Analysis and
Government Accountability the information provided by each CSO and DSO.
53
The agencies
must also make such information available to the public through their websites.
54
Florida Alliance to End Human Trafficking
The Florida Alliance to End Human Trafficking (Alliance) is the DSO established to provide
assistance, fund, and support the Florida Statewide Council on Human Trafficking (Council).
55
The purpose of the DSO is to solicit funds; request and receive grants, gifts, and bequests of
money; acquire, receive, hold, invest, and administer, property and funds; and make expenditures
in support of the statewide effort to end human trafficking.
56
The Alliance operates under a
written contract with the Department of Legal Affairs.
57
The Alliance is set to repeal October 1,
2024, unless saved from repeal by the Legislature.
58
In Fiscal Year 2022-2023, the Alliance:
Trained over 26,000 individuals with its online human trafficking course;
Obtained $500,000 state appropriations to update its training course to include various
languages and expand its awareness statewide;
Provided 15 different awareness trainings for various organizations;
44
Ch. 2014-96, L.O.F.
45
Section 20.058(1), F.S.
46
Section 20.058(1)(a), F.S.
47
Section 20.058(1)(b), F.S.
48
Section 20.058(1)(c), F.S.
49
Section 20.058(1)(d), F.S.
50
Section 20.058(1)(e), F.S.
51
Section 20.058(1)(f), F.S.
52
Section 20.058(1)(g), F.S.
53
Section 20.058(3), F.S.
54
Section 20.058(2), F.S.
55
See s. 16.618, F.S.
56
Section 16.618(1)(b), F.S.
57
Section 16.618(1)(c), F.S.
58
Section 16.618(12), F.S. BILL: CS/CS/CS/SB 796 Page 9
Hosted a webinar for Human Trafficking Awareness Month; and
Fundraised $583,949 in private contributions.
59
Financial Information for the Alliance to End Human Trafficking
Tax year 2020-2021
60
Tax year 2021-2022
61
Expenses on salaries, other
compensation, and employee
benefits
$21,719
Expenses on
employee
compensation and
benefits
$86,498
Expenses on professional
fees and payments to
independent contractors
$59,500
Total on advertising,
promotion, and travel
$62,095
Total Expenses $123, 833 Total Expenses $203,279
Total Revenue $90,947
Revenue from
fundraising events
$277,237
Revenue from
government grants
$25,000
All other
contributions
Total Revenue $371,710
Ending Cash Balance -32, 886 Ending Cash Balance $168,431
Florida Statewide Council on Human Trafficking
The Florida Statewide Council on Human Trafficking (Council) is administratively housed
within the Department of Legal Affairs. The purpose of the Council is to enhance the
development and coordination of state and local law enforcement and social service responses to
fight all forms of human trafficking and to support victims.
62
The duties of the Council include:
63
Development of recommendations for comprehensive programs and services including
recommendations for certification of safe houses and safe foster homes.
Assess the frequency and extent to which social media platforms are used to assist, facilitate,
or support human trafficking within Florida; establish a process to detect such use on a
consistent basis; and make recommendations on how to stop, reduce, or prevent social media
platforms from being used for such purposes.
59
Florida Alliance to End Human Trafficking, 2022-2023 Annual Report (Jul. 27, 2023), available at
https://www.floridaallianceendht.com/wp-content/uploads/2023/10/2022-2023-Annual-Report.pdf (last visited February 2,
2024).
60
Email from Elizabeth Guzzo, Director of Legislative Affairs, Office of the Attorney General, to Amanda Stokes, Staff
Director, Senate Criminal Justice Committee (Oct. 12, 2023, 11:14 EST) (on file with the Senate Committee on
Governmental Oversight and Accountability).
61
Email from Elizabeth Guzzo, Director of Legislative Affairs, Office of the Attorney General, to Amanda Stokes, Staff
Director, Senate Criminal Justice Committee (Oct. 12, 2023, 11:14 EST) (on file with the Senate Committee on
Governmental Oversight and Accountability).
62
Section 16.617(1), F.S.
63
Office of Attorney General, Florida Statewide Council on Human Trafficking, available at
https://www.myfloridalegal.com/human-trafficking/council (last visited February 2, 2024). BILL: CS/CS/CS/SB 796 Page 10
Make recommendations for apprehending and prosecuting traffickers and enhancing
coordination of responses.
Hold an annual statewide policy summit with an institution of higher learning.
Work with the Department of Children and Families to create and maintain an inventory of
human trafficking programs and services in our state.
Develop overall policy recommendations.
The Council is also required to submit an annual report to the Legislature detailing the preceding
fiscal year’s accomplishments and recommendations regarding the development and
coordination of state and local law enforcement and social services responses to fight human
trafficking and support victims.
64
III. Effect of Proposed Changes:
Section 1 amends s. 16.618, F.S., to extend the repeal date of the direct-support organization
(DSO) for the Statewide Council on Human Trafficking to October 1, 2029.
Section 3 extends the date by which a person licensed or certified under several chapters must
post a human trafficking public awareness sign.
Section 4 extends the date by which a massage establishment must implement a procedure for
reporting suspected human trafficking to the Florida Human Trafficking Hotline.
Section 5 extends the date by which a public lodging establishment must post a human
trafficking public awareness sign.
Sections 2, 3, 4, 5, and 8 amend ss. 394.875, 456.0341, 480.043, 509.096, and 787. 29, F.S.,
respectively, to replace references to the national human trafficking hotline requirement with the
Florida human trafficking hotline. Sections 3, 4, and 5 require that all of the new requirements be
met by January 1, 2025.
Section 6 amends s. 562.13, F.S., to prohibit a minor from being employed by an adult
entertainment establishment. Section 563.13, F.S., which provides a list of exceptions that allows
a minor to be employed by alcohol venders, does not apply to adult entertainment
establishments.
Section 7 amends s. 787.06, F.S., to require a nongovernmental entity that enters into, renews, or
extends a contract with a governmental entity to provide the governmental entity with an
affidavit attesting that the nongovernmental entity does not use coercion for labor or services.
The affidavit must be signed by an officer or representative of the nongovernmental entity under
penalty of perjury. Section 837.06, F.S., provides that the penalty for perjury for knowingly
making a false statement in writing, with the intent to mislead a public servant shall be guilty of
a misdemeanor of the second degree.
65
64
Section 16.617(5), F.S.
65
A second degree misdemeanor is punishable by a term of imprisonment not exceeding 60 days and a $500 fine, as provided
in s. 775.082 and s. 775.083, F.S. BILL: CS/CS/CS/SB 796 Page 11
Section 9 creates s. 787.30, F.S., to prohibit a person under the age of 21 from working in an
adult entertainment establishment. “Adult entertainment establishment” is defined to have the
same meaning as provided in s. 847.001, F.S., which includes adult bookstores, adult theaters,
special cabarets, and unlicensed massage establishments as defined by statute. Specifically, the
section provides that an owner, manager, employee, or contractor of an adult entertainment
establishment, who knowingly employs, contracts with, contracts with another person to employ,
or otherwise permits a person younger than 21 years of age to perform or work in an adult
entertainment establishment, commits a first degree misdemeanor.
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Furthermore, this section provides that an owner, manager, employee or contractor of an adult
entertainment establishment, who knowingly employs, contracts with, contracts with another
person to employ, or otherwise permits a person younger than 21 years of age to perform or work
nude in an adult entertainment establishment, commits a second degree felony.
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The term
“nude” is defined to mean the showing of the human male or female genitals, pubic area, or
buttock with less than a fully opaque covering; or the showing of the female breast with less than
a fully opaque covering of any portion thereof below the top of the nipple; or the depiction of
covered male genitals in a discernibly turgid state. A mother’s breastfeeding of her baby does not
under any circumstance constitute nudity, irrespective of whether or not the nipple is covered
during or incidental to feeding.
Section 10 provides that the bill will take effect on July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Not applicable. The bill does not require counties and municipalities to spend funds,
reduce the counties’ or municipalities’ ability to raise revenue, or reduce the percentage
of state tax shared with counties or municipalities.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
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A first degree misdemeanor is punishable by a term of imprisonment not exceeding one year, as provided in s. 775.082 or
s. 775.083, F.S.
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A second degree felony is punishable by a term of imprisonment of fifteen years, as provided in s. 775.082, s. 775.083, or
s. 775.084, F.S. BILL: CS/CS/CS/SB 796 Page 12
E. Other Constitutional Issues:
The Florida Constitution expressly provides that:
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All natural persons are equal before the law and have inalienable rights,
among which are the right to enjoy and defend life and liberty, to
pursue happiness, to be rewarded for industry, and to acquire, possess
and protect property....
In evaluating claims of statutory discrimination, a statute will be regarded as inherently
“suspect” and subject to “heightened” judicial scrutiny if it impinges too greatly on
fundamental constitutional rights flowing either from the federal or Florida constitutions,
or if it primarily burdens certain groups that have been the traditional targets of irrational,
unfair, and unlawful discrimination.
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A court generally reviews classifications based on
age, income, and employment status under the rational basis standard, upholding the
classification unless it is wholly arbitrary—that is, unless it bears no rational relationship
to a legitimate government interest.
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V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Public lodging and massage establishments may incur costs associated with the training
required by this bill. There may also be minor costs to crisis stabilization units, residential
treatment facilities, residential treatment centers for children and adolescents, massage
establishments, public lodging establishments, and strip clubs or other adult
entertainment establishments associated with updating the human trafficking awareness
signs to contain the Florida Human Trafficking Hotline number, instead of the national
hotline. Each person licensed or certified under ch. 457, ch. 458, ch. 459, ch. 460,
ch. 461, ch. 463, ch. 465, ch. 466, ch. 468, ch. 480, or ch. 486, F.S., may incur minor
costs associated with updating the human trafficking awareness signs to include the
Florida Human Trafficking Hotline number, instead of the national hotline.
C. Government Sector Impact:
The Department of Transportation may incur minor costs associated with updating the
human trafficking awareness signs to include the Florida Human Trafficking Hotline
number, instead of the national hotline in every rest area, turnpike service plaza, weigh
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Art. I, s. 2, FLA. CONST.
69
De Ayala v. Fla. Farm Bureau Cas. Ins. Co., 543 So.2d 204 (Fla. 1989).
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Gregory v. Ashcroft, 501 U.S. 452 (1991). See also, Jackson v. State, 191 So. 3d 423 at 426 (Fla. 2016). Under the rational
basis test, a court generally grants great deference to legislative goals and objectives. Where the Legislature’s objective is not
clear, a court may search for any conceivable objective that might have motivated enactment of the law. U.S. R.R. Ret. Bd. v.
Fritz, 449 U.S. 166 (1980) and McDonald v. Bd. of Election, 394 U.S. 802 (1969). BILL: CS/CS/CS/SB 796 Page 13
station, primary airport, passenger rail station, and welcome center that is open to the
public.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 16.618, 394.875,
456.0341, 480.043, 509.096, 562.13, 787.06, and 787.29.
The bill creates section 787.30 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS/CS/CS by Fiscal Policy on February 22, 2024:
The committee substitute retains all of the provisions of the bill, but adds two new
sections. Specifically, the committee substitute:
Clarifies that a minor who qualifies for one of the exceptions relating to employment
of a minor by a vendor licensed under the Beverage Law may not be employed as, or
perform as, a professional entertainer or otherwise if such employment involves
nudity, or be employed by an adult entertainment establishment.
Prohibits the employment of an individual under the age of 21, as either an employee
or performer, in an adult entertainment establishment.
Establishes criminal penalties for an owner, manager, employee, or contractor of an
adult entertainment establishment that knowingly employs, contracts, or permits and
individual younger than 21 years of age to person or work in an adult entertainment
establishment.
Provides that a person’s ignorance of another person’s age or misrepresentation of his
or her age be raised as a defense in a prosecution for a violation of this section.
CS/CS by Criminal Justice on February 6, 2024:
The committee substitute:
Removes language increasing the members of the direct-support organization.
Removes language requiring all employees of establishments who are on the premises
and regularly interact with guests to receive training on human trafficking awareness.
BILL: CS/CS/CS/SB 796 Page 14
CS by Governmental Oversight and Accountability on January 22, 2024:
The committee substitute:
Specifies that the nongovernmental entities must attest that they do not use coercion
for labor or services.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.