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 Criminal Justice
BILL: SB 1590
INTRODUCER: Senator Grall
SUBJECT: Prostitution and Related Acts
DATE: January 29, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Wyant Stokes CJ Pre-meeting
2. ACJ
3. FP
I. Summary:
SB 1590 creates s. 796.011, F.S., to provide or redefine the following terms: adult, assignation,
commercial sex, female genitals, lewdness, prostitution, and sexual activity.
The bill creates s. 796.031, F.S., to prohibit prostitution, lewdness, and assignation and provide
criminal penalties for such offenses.
The bill repeals s. 796.04, F.S., relating to forcing, compelling, or coercing another person to
become a prostitute.
The bill amends s. 796.06, F.S., relating to maintaining space to be used for commercial sex. It is
unlawful to:
Own, establish, maintain, operate, or use a building or residence or structure in whole or in
part with knowledge or reckless disregard that it will be used for commercial sex.
Receive, offer to or agree to receive, or allow a person to remain in these structures for the
purpose of commercial sexual activity.
The bill reclassifies an offense to the next higher degree if the offense occurs at a place owned,
established, maintained, or operating as a massage establishment that is or should be licensed
under s. 480.043, F.S.
Additionally the bill authorizes testimony concerning the reputation of any such place, person
operating, frequenting, or residing in such place, or the reputation of the defendant to be
admissible in evidence in support of the charge.
The bill amends s. 796.07, F.S., to remove definitions for this section. The bill specifies it is
unlawful for a person to provide, or offer to provide, something of value in exchange for sexual
activity.
REVISED: BILL: SB 1590 Page 2
The bill reclassifies offenses under this section and requires certain punishments are imposed.
The bill amends ss. 60.05, 322.28, 397.4073, 397.417, 435.07, 456.074, 480.041, 480.043,
480.046, 772.102, 787.01, 787.02, 794.056, 796.08, 796.09, 893.138, 895.02, 938.085, 943.0433
F.S., to provide conforming provisions.
The bill may have an indeterminate fiscal impact on the Department of Corrections (DOC). See
Section V. Fiscal Impact Statement.
The bill is effective October 1, 2024.
II. Present Situation:
In Florida, police often run elaborate undercover sting operations to catch those engaged in
prostitution. This is usually done through a number of tactics such as: posing as a prostitute to
meet up with “johns,” using officers to pose as “bait” to receive offers, and sending undercover
officers into massage parlors and adult entertainment.
Chapter 796, F.S., provides for the criminalization of various acts relating to prostitution and
establishes penalties for violations. As currently defined, “prostitution” means the giving or
receiving of the body for sexual activity for hire but excludes sexual activity between spouses.
Current law provides that it is unlawful:
For anyone to force, compel, or coerce another to become a prostitute and those in violation
will be guilty of third degree felony.
12
For any person with reasonable belief or knowing another person is engaged in prostitution to
live or derive support or maintenance in whole or in part from what is believed to be earnings
or proceeds of such person’s prostitution.
3
A person who violates such law commits a second
degree felony,
4
a first degree felony
5
for a second offense, and a first degree felony for a third
offense with a mandatory minimum term of imprisonment of 10 years.
6
To let or rent any place, structure, or part thereof, trailer or other conveyance, with the
knowledge that it will be used for the purpose of lewdness, assignation, or prostitution. A
person who violates such commits a first degree misdemeanor
7
or a third degree felony for a
second or subsequent violation.
8
1
Section 796.04, F.S.
2
A third degree felony is generally punishable by no more than 5 years in state prison and a fine not exceeding $5,000, as
provided in s. 775.082 and s. 775.083, F.S.
3
Section 796.05(1), F.S.
4
A second degree felony is generally punishable by no more than 15 years in state prison and a fine not exceeding $10,000,
as provided in s. 775.082 and s. 775.083, F.S.
5
A first degree felony is generally punishable by no more than 30 years in state prison and a fine not exceeding $10,000, as
provided in s. 775.082 and s. 775.083, F.S.
6
Section 796.05(2), F.S.
7
A first degree misdemeanor is punishable by a definite term of imprisonment not exceeding 1 year and a $1,000 fine, as
provided in s. 775.082 and s. 775.083, F.S.
8
Section 796.06, F.S. BILL: SB 1590 Page 3
Section 796.07, F.S. defines assignation,
9
female genitals,
10
lewdness,
11
prostitution,
12
and sexual
activity.
13
This section provides it is unlawful:
To own, establish, maintain, or operate any place, structure, building, or conveyance for the
purpose of lewdness, assignation, or prostitution.
14
To offer, or to offer to agree to secure, another for the purpose of prostitution or for any other
lewd or indecent act.
15
To receive, or offer to 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.
16
To direct, take, transport, or 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
For a person 18 years of age or older to offer to commit, or to commit, or to engage in,
prostitution, lewdness, or assignation.
18
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.
19
To aid, abet, or participate in any of the acts or things in this section.
20
To purchase the services of any person engaged in prostitution.
21
A person who violates any of these offenses commits:
A second degree misdemeanor for a first violation.
22
A first degree misdemeanor for a second violation.
A third degree felony for a third or subsequent violation.
23
A person with a third or subsequent violation must be offered admission to a pretrial intervention
program or a substance abuse treatment program.
24
9
“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)(a), F.S.
10
“Female genitals” includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina. Section 796.07(1)(b), F.S.
11
“Lewdness” means any indecent or obscene act. Section 796.07(1)(c), F.S.
12
“Prostitution” means the giving or receiving of the body for sexual activity for hire but excludes sexual activity between
spouses. Section 796.07(1)(d), F.S.
13
“Sexual activity” means oral, anal, or female genital penetration by, or union with, the sexual organ of another; anal or
female genital penetration of another by any other object; or the handling or fondling of the sexual organ of another for the
purpose of masturbation; however, the term does not include acts done for bona fide medical purposes. Section 796.07(1)(e),
F.S.
14
Section 796.07(2)(a), F.S.
15
Section 796.07(2)(b), F.S.
16
Section 796.07(2)(c), F.S.
17
Section 796.07(2)(d), F.S.
18
Section 796.07(2)(e), F.S.
19
Section 796.07(2)(g), F.S.
20
Section 796.07(2)(h), F.S.
21
Section 796.07(2)(i), F.S.
22
A second degree misdemeanor is punishable by a term of imprisonment not exceeding 60 days and $500 fine, as provided
in s. 775.082 and s. 775.083, F.S.
23
Section 796.07(4)(a), F.S.
24
Section 796.07(4)(b), F.S. BILL: SB 1590 Page 4
It is also unlawful to solicit, induce, entice, or procure another to commit prostitution lewdness,
or assignation.
25
A person who violates such commits:
A first degree misdemeanor for a first violation.
A third degree felony for a second violation.
A second degree felony for a third or subsequent violation.
26
Such person must be given a $5,000 civil penalty if the violation results in any judicial
disposition other than acquittal or dismissal. Of the proceeds, the first $500 is paid to the circuit
court administrator for administrative costs of treatment-based drug court programs. The
remainder is deposited in the Operations and Maintenance Trust Fund of the Department of
Children and Families for the purpose of funding safe houses and safe foster homes.
27
In addition
to any penalty imposed, a person convicted of this offense must perform 100 hours of
community service, pay for and attend an educational program
28
if such program exists in the
circuit.
29
A person convicted of a second or subsequent violation must also be subject to a
minimum mandatory period of incarceration of 10 days.
30
If the offender uses a vehicle in the course of committing the offense, the judge may, upon
conviction, order for the impoundment or immobilization of the vehicle for up to 60 days.
31
The
owner may request the court to dismiss the order and the court must dismiss the order and costs
if:
The owner’s family has no other private or public means of transportation;
32
The vehicle was stolen at the time of the offense;
33
The owner purchased the vehicle after the offense was committed, and the sale was not made
to circumvent the order and allow the defendant continued access to the vehicle;
34
or
The vehicle is owned by the defendant but is operated solely by employees of the defendant
or employees of a business owned by the defendant.
35
If the court denies the request to dismiss, the petitioner may request an evidentiary hearing.
36
The testimony concerning the reputation of any place, structure, building, or conveyance
involved in the charge, any person residing in, operating, or frequenting such place, and
25
Section 796.07(2)(f), F.S.
26
Section 796.07(5)(a), F.S.
27
Section 796.07(6), F.S.
28
A judicial circuit may establish an educational program to include education on: the relationship between demand for
commercial sex and human trafficking; the impact of human trafficking on victims; coercion, consent, and sexual violence;
the health and legal consequences of commercial sex; the negative impact of commercial sex on prostituted persons and the
community; and the reasons and motivations for engaging in prostitution. Section 796.07(8)(a), F.S.
29
Section 796.07(5)(b), F.S.
30
Section 796.07(5)(c), F.S.
31
Section 796.07(5)(d)1., F.S.
32
Section 796.07(5)(d)2.a., F.S.
33
Section 796.07(5)(d)2.b., F.S.
34
Section 796.07(5)(d)2.c., F.S.
35
Section 796.07(5)(d)2.d., F.S.
36
Section 796.07(5)(d)3., F.S. BILL: SB 1590 Page 5
testimony concerning the reputation of the defendant is admissible in evidence in support of the
charge.
37
A police officer may testify as an offended party in an action regarding charges.
38
As of January 1, 2024, the Soliciting for Prostitution Public Database was repealed. The database
was created to include the criminal history record of any person who was found guilty or entered
a plea, regardless of adjudication, for soliciting, inducing, enticing, or procuring another to
commit prostitution if there is evidence that such person provided a form of payment or arranged
for the payment of such services.
39
If the place, structure, building, or conveyance is owned, established, maintained, or operated in
violation is a massage establishment that is or should be licensed under s. 480.043, F.S., an
offense is reclassified to the next higher degree as follows:
A second degree misdemeanor for a first violation is reclassified as a first degree
misdemeanor.
40
A first degree misdemeanor for a second violation is reclassified as a third degree felony.
41
A third degree felony for a third or subsequent violation is reclassified as a second degree
felony.
42
III. Effect of Proposed Changes:
The bill creates s. 796.011, F.S., to provide definitions relating to prostitution. The bill redefines
“prostitution” as voluntarily engaging in, agreeing to engage in, or offering to engage in
commercial sex. The bill defines “commercial sex” as engaging in sexual activity in exchange
for something of value, including prostitution and human trafficking. The bill also redefines
“sexual activity” to include the performance of sexual acts for the purpose of masturbation,
regardless of whether contact is made.
The bill creates s. 796.031, F.S., to prohibit prostitution, lewdness, and assignation and provide a
person charged with this violation commits a second degree misdemeanor. In addition, the
offender must attend an educational program about the negative effects of commercial sex which
may be offered by a secular or faith-based provider.
The bill repeals s. 796.04, F.S., relating to forcing, compelling, or coercing another person to
become a prostitute. Language pertaining to forcing, compelling, or coercing is embodied under
s. 787.06, F.S., as it relates to human trafficking.
43
The bill amends s. 796.06, F.S., regarding maintaining space to be used for commercial sex. The
bill replaces lewdness, assignation, or prostitution with commercial sex. The bill includes
owning, establishing, maintaining, operating, or using a building or residence or structure in
37
Section 796.07(3)(a), F.S.
38
Section 796.07(3)(b), F.S.
39
Section 796.07(5)(e), F.S.
40
Section 796.07(7)(a), F.S.
41
Section 796.07(7)(b), F.S.
42
Section 796.07(7)(c), F.S.
43
The Legislature finds that victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual
exploitation or forced labor. Section 787.06(1)(a), F.S. BILL: SB 1590 Page 6
whole or in part with knowledge or reckless disregard that it will be used for commercial sex, as
unlawful.
The bill specifies it is unlawful to receive, offer to or agree to receive, or allow a person to
remain in these structures for the purpose of commercial sexual activity and provides it is a third
degree felony for the first violation and a second degree felony for a second or subsequent
violation. If an offense occurs at a place owned, established, maintained, or operating as a
massage establishment that is or should be licensed under s. 480.043, F.S., the offense must be
reclassified to the next higher degree as follows:
A third degree felony to a second degree felony.
A second degree felony to a first degree felony.
A first degree felony to a first degree felony punishable by life in prison.
44
The bill authorizes testimony concerning the reputation of any such place, person operating,
frequenting, or residing in such place, or the reputation of the defendant to be admissible in
evidence in support of the charge.
The bill amends s. 796.07, F.S., to remove definitions for this chapter. The bill specifies it is
unlawful for a person to provide, or offer to provide, something of value in exchange for sexual
activity. The bill removes language pertaining to owning or maintaining a place for the purpose
of prostitution, and removes language relating to prohibited acts of prostitution.
The bill removes a provision that an officer may testify as an offended party in an action
regarding charges filed pursuant to this section, and removes language pertaining to a third or
subsequent offense requiring pretrial intervention or a substance abuse treatment program.
The bill reclassifies offenses under this section as follows:
A second degree misdemeanor to a third degree felony for a first violation.
A first degree misdemeanor to a second degree felony for a second violation.
A third degree felony to a first degree felony for a third or subsequent violation.
The bill clarifies for any disposition other than acquittal or dismissal for any offense under this
section, the offender must perform 100 hours of community service, pay for and attend an
educational program, receive sexually transmitted disease testing at a recognized medical
facility, and pay a civil penalty of $5,000. Of the proceeds, the first $500 must be paid to the
court administrator and the remainder be deposited in the Operations and Maintenance Trust
Fund of the Department of Children and Families.
The bill amends ss. 60.05, 322.28, 397.4073, 397.417, 435.07, 456.074, 480.041, 480.043,
480.046, 772.102, 787.01, 787.02, 794.056, 796.08, 796.09, 893.138, 895.02, 938.085, 943.0433
F.S., to provide conforming provisions.
The bill is effective October 1, 2024
44
A first degree felony punishable by a term of imprisonment for life or by a term of imprisonment not exceeding 40 years
and a fine not exceeding $15,000, as punishable by s. 775.082 and s. 775.083, F.S. BILL: SB 1590 Page 7
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.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The bill may have a positive indeterminate prison bed impact due to reclassifying
misdemeanor offenses as felony offenses.
VI. Technical Deficiencies:
As of January 1, 2024, the Soliciting for Prostitution Public Database was repealed.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill amends the following sections of the Florida Statutes: 796.06, 796.07, 60.05, 322.28,
397.4073, 397.417, 435.07, 456.074, 480.041, 480.043, 480.046, 772.102, 787.01, 787.02,
794.056, 796.08, 796.09, 893.138, 895.02, 938.085, and 943.0433. BILL: SB 1590 Page 8
This bill creates the following sections of the Florida Statutes: 796.011 and 796.031.
This bill repeals section 796.04 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.