Florida Senate - 2024 CS for SB 1590 By the Committee on Criminal Justice; and Senator Grall 591-02641-24 20241590c1 1 A bill to be entitled 2 An act relating to prostitution and related acts; 3 creating s. 796.011, F.S.; defining and redefining 4 terms; creating s. 796.031, F.S.; prohibiting adults 5 from offering to commit, committing, or engaging in 6 prostitution, lewdness, or assignation; providing 7 criminal penalties; providing that specified testimony 8 concerning reputation is admissible in evidence in the 9 trial of persons charged with certain offenses; 10 requiring a court to order that a person sentenced for 11 certain violations attend an educational program; 12 authorizing judicial circuits to establish certain 13 educational programs; repealing s. 796.04, F.S., 14 relating to forcing, compelling, or coercing another 15 to become a prostitute; amending s. 796.06, F.S.; 16 prohibiting the owning, establishing, maintaining, 17 operating, using, letting, or renting of a building, 18 residence, place, or structure, in whole or in part, 19 or a trailer or any other conveyance, with knowledge 20 or reckless disregard that it will be used for the 21 purpose of commercial sex; prohibiting the receiving, 22 or offering or agreeing to receive, a person into a 23 building, residence, place, or structure, or a trailer 24 or any other conveyance, for the purpose of commercial 25 sexual activity or to allow a person to remain there 26 for such purpose; providing criminal penalties; 27 providing enhanced criminal penalties for second or 28 subsequent violations; providing that specified 29 testimony concerning reputation is admissible in 30 evidence in the trial of persons charged with certain 31 offenses; requiring the reclassification of offenses 32 under specified circumstances; amending s. 796.07, 33 F.S.; deleting definitions; prohibiting a person from 34 providing, or offering to provide, something of value 35 in exchange for sexual activity; deleting prohibited 36 acts relating to prostitution and related acts; 37 deleting a provision authorizing a police officer to 38 testify under certain circumstances; providing 39 criminal penalties; providing enhanced criminal 40 penalties for second or subsequent violations; 41 deleting a provision requiring the offering of 42 admission into certain programs; requiring a court to 43 order that certain defendants perform community 44 service, pay for and attend an educational program, 45 pay a civil penalty, and receive sexually transmitted 46 disease testing; providing requirements for the 47 proceeds of the civil penalty; deleting a minimum 48 mandatory period of incarceration for the commission 49 of a certain offense; deleting obsolete provisions; 50 conforming provisions to changes made by the act; 51 amending ss. 60.05, 322.28, 397.4073, 397.417, 435.07, 52 456.074, 480.041, 480.043, 480.046, 772.102, 787.01, 53 787.02, 794.056, 796.08, 796.09, 893.138, 895.02, and 54 938.085, F.S.; conforming provisions to changes made 55 by the act; conforming cross-references; providing an 56 effective date. 57 58 Be It Enacted by the Legislature of the State of Florida: 59 60 Section 1.Section 796.011, Florida Statutes, is created to 61 read: 62 796.011Definitions.As used in this chapter, the term: 63 (1)Adult means an individual 18 years of age or older. 64 (2)Assignation means the making of any appointment or 65 engagement for prostitution or lewdness, or any act in 66 furtherance of such appointment or engagement. 67 (3)Commercial sex means engaging in sexual activity in 68 exchange for something of value. The term includes prostitution 69 and human trafficking. 70 (4)Female genitals includes the labia minora, labia 71 majora, clitoris, vulva, hymen, and vagina. 72 (5)Lewdness means any indecent or obscene act. 73 (6)Prostitution means voluntarily engaging in, agreeing 74 to engage in, or offering to engage in commercial sex. 75 (7)Sexual activity means oral, anal, or female genital 76 penetration by, or union with, the sexual organ of another; anal 77 or female genital penetration of another by any other object; or 78 the handling or fondling of the sexual organ of another for the 79 purpose of masturbation. The term does not include acts done for 80 bona fide medical purposes. 81 Section 2.Section 796.031, Florida Statutes, is created to 82 read: 83 796.031Prostitution, lewdness, and assignation prohibited; 84 penalties. 85 (1)It is unlawful for an adult to offer to commit, to 86 commit, or to engage in prostitution, lewdness, or assignation. 87 (2)In the trial of a person charged with a violation of 88 this section, testimony concerning the reputation of any place, 89 structure, building, or conveyance involved in the charge; 90 testimony concerning the reputation of any person residing in, 91 operating, or frequenting such place, structure, building or 92 conveyance; and testimony concerning the reputation of the 93 defendant is admissible in evidence in support of the charge. 94 (3)(a)A person who violates this section commits a 95 misdemeanor of the second degree, punishable as provided in s. 96 775.082 or s. 775.083. 97 (b)In addition to any other penalty imposed, the court 98 shall order a person sentenced for a violation of this section 99 to attend an educational program about the negative effects of 100 commercial sex. The educational program may be offered by a 101 secular or faith-based provider. 102 (c)A judicial circuit may establish an educational program 103 for persons convicted of or charged with a violation of this 104 section, to include education on: 105 1.The relationship between demand for commercial sex and 106 human trafficking; 107 2.The impact of human trafficking on victims; 108 3.Coercion, consent, and sexual violence; 109 4.The health and legal consequences of commercial sex; 110 5.The negative impact of commercial sex on prostituted 111 persons and the community; and 112 6.The reasons and motivations for engaging in 113 prostitution. 114 Section 3.Section 796.04, Florida Statutes, is repealed. 115 Section 4.Section 796.06, Florida Statutes, is amended to 116 read: 117 796.06Maintaining Renting space to be used for commercial 118 sex lewdness, assignation, or prostitution. 119 (1)It is unlawful to: 120 (a)Own, establish, maintain, operate, use, let, or rent a 121 building, residence, any place, or structure, in whole or in or 122 part thereof, or a trailer or any other conveyance, with the 123 knowledge or reckless disregard that it will be used for the 124 purpose of commercial sex lewdness, assignation, or 125 prostitution. 126 (b)Receive, or to offer or agree to receive, a person into 127 a building, residence, place, or structure, or a trailer or any 128 other conveyance, for the purpose of commercial sexual activity 129 or to allow a person to remain there for such purpose. 130 (2)A person who violates this section commits: 131 (a)A felony misdemeanor of the third first degree for a 132 first violation, punishable as provided in s. 775.082 or s. 133 775.083. 134 (b)A felony of the second third degree for a second or 135 subsequent violation, punishable as provided in s. 775.082, s. 136 775.083, or s. 775.084. 137 (3)In the trial of a person charged with a violation of 138 this section, testimony concerning the reputation of any place, 139 structure, building, or conveyance involved in the charge; 140 testimony concerning the reputation of any person residing in, 141 operating, or frequenting such place, structure, building, or 142 conveyance; and testimony concerning the reputation of the 143 defendant is admissible in evidence in support of the charge. 144 (4)If such building, residence, place, structure, or 145 trailer or any other conveyance that is owned, established, 146 maintained, or operated is a massage establishment that is or 147 should be licensed under s. 480.043, the offense must be 148 reclassified to the next higher degree as follows: 149 (a)A felony of the third degree is reclassified as a 150 felony of the second degree, punishable as provided in s. 151 775.082, s. 775.083, or s. 775.084. 152 (b)A felony of the second degree is reclassified as a 153 felony of the first degree, punishable as provided in s. 154 775.082, s. 775.083, or s. 775.084. 155 (c)A felony of the first degree is reclassified as a 156 felony of the first degree punishable by life in prison, 157 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 158 Section 5.Section 796.07, Florida Statutes, is amended to 159 read: 160 796.07Prohibiting prostitution and related acts. 161 (1)As used in this section: 162 (a)Assignation means the making of any appointment or 163 engagement for prostitution or lewdness, or any act in 164 furtherance of such appointment or engagement. 165 (b)Female genitals includes the labia minora, labia 166 majora, clitoris, vulva, hymen, and vagina. 167 (c)Lewdness means any indecent or obscene act. 168 (d)Prostitution means the giving or receiving of the 169 body for sexual activity for hire but excludes sexual activity 170 between spouses. 171 (e)Sexual activity means oral, anal, or female genital 172 penetration by, or union with, the sexual organ of another; anal 173 or female genital penetration of another by any other object; or 174 the handling or fondling of the sexual organ of another for the 175 purpose of masturbation; however, the term does not include acts 176 done for bona fide medical purposes. 177 (2)It is unlawful for a person: 178 (a)to provide, or offer to provide, something of value in 179 exchange for sexual activity own, establish, maintain, or 180 operate any place, structure, building, or conveyance for the 181 purpose of lewdness, assignation, or prostitution. 182 (b)To offer, or to offer or agree to secure, another for 183 the purpose of prostitution or for any other lewd or indecent 184 act. 185 (c)To receive, or to offer or agree to receive, any person 186 into any place, structure, building, or conveyance for the 187 purpose of prostitution, lewdness, or assignation, or to permit 188 any person to remain there for such purpose. 189 (d)To direct, take, or transport, or to offer or agree to 190 direct, take, or transport, any person to any place, structure, 191 or building, or to any other person, with knowledge or 192 reasonable cause to believe that the purpose of such directing, 193 taking, or transporting is prostitution, lewdness, or 194 assignation. 195 (e)For a person 18 years of age or older to offer to 196 commit, or to commit, or to engage in, prostitution, lewdness, 197 or assignation. 198 (f)To solicit, induce, entice, or procure another to 199 commit prostitution, lewdness, or assignation. 200 (g)To reside in, enter, or remain in, any place, 201 structure, or building, or to enter or remain in any conveyance, 202 for the purpose of prostitution, lewdness, or assignation. 203 (h)To aid, abet, or participate in any of the acts or 204 things enumerated in this subsection. 205 (i)To purchase the services of any person engaged in 206 prostitution. 207 (2)(3)(a)In the trial of a person charged with a violation 208 of this section, testimony concerning the reputation of any 209 place, structure, building, or conveyance involved in the 210 charge, testimony concerning the reputation of any person 211 residing in, operating, or frequenting such place, structure, 212 building, or conveyance, and testimony concerning the reputation 213 of the defendant is admissible in evidence in support of the 214 charge. 215 (b)Notwithstanding any other provision of law, a police 216 officer may testify as an offended party in an action regarding 217 charges filed pursuant to this section. 218 (3)(a)(4)(a)A person who violates any provision of this 219 section, other than paragraph (2)(f), commits: 220 1.A felony misdemeanor of the third second degree for a 221 first violation, punishable as provided in s. 775.082 or s. 222 775.083. 223 2.A felony misdemeanor of the second first degree for a 224 second violation, punishable as provided in s. 775.082 or s. 225 775.083. 226 3.A felony of the first third degree for a third or 227 subsequent violation, punishable as provided in s. 775.082, s. 228 775.083, or s. 775.084. 229 (b)A person who is charged with a third or subsequent 230 violation of this section, other than paragraph (2)(f), shall be 231 offered admission to a pretrial intervention program or a 232 substance abuse treatment program as provided in s. 948.08. 233 (5)(a)A person who violates paragraph (2)(f) commits: 234 1.A misdemeanor of the first degree for a first violation, 235 punishable as provided in s. 775.082 or s. 775.083. 236 2.A felony of the third degree for a second violation, 237 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 238 3.A felony of the second degree for a third or subsequent 239 violation, punishable as provided in s. 775.082, s. 775.083, or 240 s. 775.084. 241 (b)In addition to any other penalty imposed, if a 242 violation of this section results in any judicial disposition 243 other than acquittal or dismissal, the court must shall order 244 the defendant a person convicted of a violation of paragraph 245 (2)(f) to: 246 1.Perform 100 hours of community service;. 247 2.Pay for and attend an educational program, which may be 248 offered by a secular or faith-based provider, on the negative 249 effects of commercial sexual activity; as described in 250 subsection (8), if such a program exists in the judicial circuit 251 in which the offender is sentenced 252 3.Pay a civil penalty of $5,000. Of the proceeds from each 253 penalty assessed under this subparagraph, the first $500 must be 254 paid to the circuit court administrator for the sole purpose of 255 paying the administrative costs of treatment-based drug court 256 programs provided under s. 397.334. The remainder of the penalty 257 assessed must be deposited in the Operations and Maintenance 258 Trust Fund of the Department of Children and Families for the 259 sole purpose of funding safe houses and safe foster homes as 260 provided in s. 409.1678; and 261 4.Receive sexually transmitted disease testing at a 262 recognized medical facility. 263 (c)A judicial circuit may establish an educational program 264 for persons convicted of or charged with a violation of this 265 section, to include education on: 266 1.The relationship between demand for commercial sex and 267 human trafficking; 268 2.The impact of human trafficking on victims; 269 3.Coercion, consent, and sexual violence; 270 4.The health and legal consequences of commercial sex; 271 5.The negative impact of commercial sex on prostituted 272 persons and the community; and 273 6.The reasons and motivations for engaging in prostitution 274 In addition to any other penalty imposed, the court shall 275 sentence a person convicted of a second or subsequent violation 276 of paragraph (2)(f) to a minimum mandatory period of 277 incarceration of 10 days. 278 (d)1.If a person who violates this section paragraph 279 (2)(f) uses a vehicle in the course of the violation, the judge, 280 upon the persons conviction, may issue an order for the 281 impoundment or immobilization of the vehicle for a period of up 282 to 60 days. The order of impoundment or immobilization must 283 include the names and telephone numbers of all immobilization 284 agencies meeting all of the conditions of s. 316.193(13). Within 285 7 business days after the date that the court issues the order 286 of impoundment or immobilization, the clerk of the court must 287 send notice by certified mail, return receipt requested, to the 288 registered owner of the vehicle, if the registered owner is a 289 person other than the defendant, and to each person of record 290 claiming a lien against the vehicle. 291 2.The owner of the vehicle may request the court to 292 dismiss the order. The court must dismiss the order, and the 293 owner of the vehicle will incur no costs, if the owner of the 294 vehicle alleges and the court finds to be true any of the 295 following: 296 a.The owners family has no other private or public means 297 of transportation; 298 b.The vehicle was stolen at the time of the offense; 299 c.The owner purchased the vehicle after the offense was 300 committed, and the sale was not made to circumvent the order and 301 allow the defendant continued access to the vehicle; or 302 d.The vehicle is owned by the defendant but is operated 303 solely by employees of the defendant or employees of a business 304 owned by the defendant. 305 3.If the court denies the request to dismiss the order, 306 the petitioner may request an evidentiary hearing. If, at the 307 evidentiary hearing, the court finds to be true any of the 308 circumstances described in sub-subparagraphs 2.a.-d. sub 309 subparagraphs (d)2.a.-d., the court must dismiss the order and 310 the owner of the vehicle will incur no costs. 311 (e)The Soliciting for Prostitution Public Database created 312 pursuant to s. 943.0433 must include the criminal history record 313 of a person who is found guilty as a result of a trial or who 314 enters a plea of guilty or nolo contendere, regardless of 315 whether adjudication is withheld, of paragraph (2)(f), and there 316 is evidence that such person provided a form of payment or 317 arranged for the payment of such services. Upon conviction, the 318 clerk of the court shall forward the criminal history record of 319 the person to the Department of Law Enforcement, pursuant to s. 320 943.052(2), for inclusion in the database. This paragraph shall 321 stand repealed on January 1, 2024, unless reviewed and saved 322 from repeal by the Legislature. 323 (6)A person who violates paragraph (2)(f) shall be 324 assessed a civil penalty of $5,000 if the violation results in 325 any judicial disposition other than acquittal or dismissal. Of 326 the proceeds from each penalty assessed under this subsection, 327 the first $500 shall be paid to the circuit court administrator 328 for the sole purpose of paying the administrative costs of 329 treatment-based drug court programs provided under s. 397.334. 330 The remainder of the penalty assessed shall be deposited in the 331 Operations and Maintenance Trust Fund of the Department of 332 Children and Families for the sole purpose of funding safe 333 houses and safe foster homes as provided in s. 409.1678. 334 (7)If the place, structure, building, or conveyance that 335 is owned, established, maintained, or operated in violation of 336 paragraph (2)(a) is a massage establishment that is or should be 337 licensed under s. 480.043, the offense shall be reclassified to 338 the next higher degree as follows: 339 (a)A misdemeanor of the second degree for a first 340 violation is reclassified as a misdemeanor of the first degree, 341 punishable as provided in s. 775.082 or s. 775.083. 342 (b)A misdemeanor of the first degree for a second 343 violation is reclassified as a felony of the third degree, 344 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 345 (c)A felony of the third degree for a third or subsequent 346 violation is reclassified as a felony of the second degree, 347 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 348 (8)(a)A judicial circuit may establish an educational 349 program for persons convicted of or charged with a violation of 350 paragraph (2)(f), to include education on: 351 1.The relationship between demand for commercial sex and 352 human trafficking. 353 2.The impact of human trafficking on victims. 354 3.Coercion, consent, and sexual violence. 355 4.The health and legal consequences of commercial sex. 356 5.The negative impact of commercial sex on prostituted 357 persons and the community. 358 6.The reasons and motivations for engaging in 359 prostitution. 360 (b)An educational program may include a program offered by 361 a faith-based provider. 362 Section 6.Subsection (5) of section 60.05, Florida 363 Statutes, is amended to read: 364 60.05Abatement of nuisances. 365 (5)On trial if the existence of a nuisance is shown, the 366 court shall issue a permanent injunction and order the costs to 367 be paid by the persons establishing or maintaining the nuisance 368 and shall adjudge that the costs are a lien on all personal 369 property found in the place of the nuisance and on the failure 370 of the property to bring enough to pay the costs, then on the 371 real estate occupied by the nuisance. A lien may not attach to 372 the real estate of any other than such persons unless a second 373 written notice has been given in accordance with paragraph 374 (3)(a) to the owner or his or her agent who fails to begin to 375 abate the nuisance within the time specified therein. In a 376 proceeding abating a nuisance pursuant to s. 823.10 or s. 377 823.05, if a tenant has been convicted of an offense under 378 chapter 893, s. 796.06, or s. 796.07, the court may order the 379 tenant to vacate the property within 72 hours if the tenant and 380 owner of the premises are parties to the nuisance abatement 381 action and the order will lead to the abatement of the nuisance. 382 Section 7.Subsection (7) of section 322.28, Florida 383 Statutes, is amended to read: 384 322.28Period of suspension or revocation. 385 (7)Following a second or subsequent violation of s. 386 796.07(1) s. 796.07(2)(f) which involves a motor vehicle and 387 which results in any judicial disposition other than acquittal 388 or dismissal, in addition to any other sentence imposed, the 389 court shall revoke the persons driver license or driving 390 privilege, effective upon the date of the disposition, for a 391 period of at least 1 year. A person sentenced under this 392 subsection may request a hearing under s. 322.271. 393 Section 8.Paragraph (b) of subsection (4) of section 394 397.4073, Florida Statutes, is amended to read: 395 397.4073Background checks of service provider personnel. 396 (4)EXEMPTIONS FROM DISQUALIFICATION. 397 (b)For service providers that treat adolescents 13 years 398 of age and older, service provider personnel whose background 399 checks indicate crimes under s. 796.07(1) s. 796.07(2)(e), s. 400 810.02(4), s. 812.014(2)(c), s. 817.563, s. 831.01, s. 831.02, 401 s. 893.13, or s. 893.147, and any related criminal attempt, 402 solicitation, or conspiracy under s. 777.04: 403 1.Shall be exempted from disqualification from employment 404 for such offenses pursuant to this paragraph if: 405 a.At least 5 years, or at least 3 years in the case of an 406 individual seeking certification as a peer specialist under s. 407 397.417, have elapsed since the applicant requesting an 408 exemption has completed or has been lawfully released from any 409 confinement, supervision, or nonmonetary condition imposed by a 410 court for the applicants most recent disqualifying offense 411 under this paragraph. 412 b.The applicant for an exemption has not been arrested for 413 any offense during the 5 years, or 3 years in the case of a peer 414 specialist, before the request for exemption. 415 2.May be exempted from disqualification from employment 416 for such offenses without a waiting period as provided under s. 417 435.07(2). 418 Section 9.Paragraph (e) of subsection (4) of section 419 397.417, Florida Statutes, is amended to read: 420 397.417Peer specialists. 421 (4)BACKGROUND SCREENING. 422 (e)The background screening conducted under this 423 subsection must ensure that a peer specialist has not been 424 arrested for and is awaiting final disposition of, found guilty 425 of, regardless of adjudication, or entered a plea of nolo 426 contendere or guilty to, or been adjudicated delinquent and the 427 record has not been sealed or expunged for, any offense 428 prohibited under any of the following state laws or similar laws 429 of another jurisdiction: 430 1.Section 393.135, relating to sexual misconduct with 431 certain developmentally disabled clients and reporting of such 432 sexual misconduct. 433 2.Section 394.4593, relating to sexual misconduct with 434 certain mental health patients and reporting of such sexual 435 misconduct. 436 3.Section 409.920, relating to Medicaid provider fraud, if 437 the offense was a felony of the first or second degree. 438 4.Section 415.111, relating to abuse, neglect, or 439 exploitation of vulnerable adults. 440 5.Any offense that constitutes domestic violence as 441 defined in s. 741.28. 442 6.Section 777.04, relating to attempts, solicitation, and 443 conspiracy to commit an offense listed in this paragraph. 444 7.Section 782.04, relating to murder. 445 8.Section 782.07, relating to manslaughter; aggravated 446 manslaughter of an elderly person or a disabled adult; 447 aggravated manslaughter of a child; or aggravated manslaughter 448 of an officer, a firefighter, an emergency medical technician, 449 or a paramedic. 450 9.Section 782.071, relating to vehicular homicide. 451 10.Section 782.09, relating to killing an unborn child by 452 injury to the mother. 453 11.Chapter 784, relating to assault, battery, and culpable 454 negligence, if the offense was a felony. 455 12.Section 787.01, relating to kidnapping. 456 13.Section 787.02, relating to false imprisonment. 457 14.Section 787.025, relating to luring or enticing a 458 child. 459 15.Section 787.04(2), relating to leading, taking, 460 enticing, or removing a minor beyond state limits, or concealing 461 the location of a minor, with criminal intent pending custody 462 proceedings. 463 16.Section 787.04(3), relating to leading, taking, 464 enticing, or removing a minor beyond state limits, or concealing 465 the location of a minor, with criminal intent pending dependency 466 proceedings or proceedings concerning alleged abuse or neglect 467 of a minor. 468 17.Section 790.115(1), relating to exhibiting firearms or 469 weapons within 1,000 feet of a school. 470 18.Section 790.115(2)(b), relating to possessing an 471 electric weapon or device, a destructive device, or any other 472 weapon on school property. 473 19.Section 794.011, relating to sexual battery. 474 20.Former s. 794.041, relating to prohibited acts of 475 persons in familial or custodial authority. 476 21.Section 794.05, relating to unlawful sexual activity 477 with certain minors. 478 22.Section 794.08, relating to female genital mutilation. 479 23.Section 796.07, relating to providing, or offering to 480 provide, something of value in exchange for sexual activity 481 procuring another to commit prostitution, except for those 482 offenses expunged pursuant to s. 943.0583. 483 24.Section 798.02, relating to lewd and lascivious 484 behavior. 485 25.Chapter 800, relating to lewdness and indecent 486 exposure. 487 26.Section 806.01, relating to arson. 488 27.Section 810.02, relating to burglary, if the offense 489 was a felony of the first degree. 490 28.Section 810.14, relating to voyeurism, if the offense 491 was a felony. 492 29.Section 810.145, relating to video voyeurism, if the 493 offense was a felony. 494 30.Section 812.13, relating to robbery. 495 31.Section 812.131, relating to robbery by sudden 496 snatching. 497 32.Section 812.133, relating to carjacking. 498 33.Section 812.135, relating to home-invasion robbery. 499 34.Section 817.034, relating to communications fraud, if 500 the offense was a felony of the first degree. 501 35.Section 817.234, relating to false and fraudulent 502 insurance claims, if the offense was a felony of the first or 503 second degree. 504 36.Section 817.50, relating to fraudulently obtaining 505 goods or services from a health care provider and false reports 506 of a communicable disease. 507 37.Section 817.505, relating to patient brokering. 508 38.Section 817.568, relating to fraudulent use of personal 509 identification, if the offense was a felony of the first or 510 second degree. 511 39.Section 825.102, relating to abuse, aggravated abuse, 512 or neglect of an elderly person or a disabled adult. 513 40.Section 825.1025, relating to lewd or lascivious 514 offenses committed upon or in the presence of an elderly person 515 or a disabled person. 516 41.Section 825.103, relating to exploitation of an elderly 517 person or a disabled adult, if the offense was a felony. 518 42.Section 826.04, relating to incest. 519 43.Section 827.03, relating to child abuse, aggravated 520 child abuse, or neglect of a child. 521 44.Section 827.04, relating to contributing to the 522 delinquency or dependency of a child. 523 45.Former s. 827.05, relating to negligent treatment of 524 children. 525 46.Section 827.071, relating to sexual performance by a 526 child. 527 47.Section 831.30, relating to fraud in obtaining 528 medicinal drugs. 529 48.Section 831.31, relating to the sale; manufacture; 530 delivery; or possession with intent to sell, manufacture, or 531 deliver of any counterfeit controlled substance, if the offense 532 was a felony. 533 49.Section 843.01, relating to resisting arrest with 534 violence. 535 50.Section 843.025, relating to depriving a law 536 enforcement, correctional, or correctional probation officer of 537 the means of protection or communication. 538 51.Section 843.12, relating to aiding in an escape. 539 52.Section 843.13, relating to aiding in the escape of 540 juvenile inmates of correctional institutions. 541 53.Chapter 847, relating to obscenity. 542 54.Section 874.05, relating to encouraging or recruiting 543 another to join a criminal gang. 544 55.Chapter 893, relating to drug abuse prevention and 545 control, if the offense was a felony of the second degree or 546 greater severity. 547 56.Section 895.03, relating to racketeering and collection 548 of unlawful debts. 549 57.Section 896.101, relating to the Florida Money 550 Laundering Act. 551 58.Section 916.1075, relating to sexual misconduct with 552 certain forensic clients and reporting of such sexual 553 misconduct. 554 59.Section 944.35(3), relating to inflicting cruel or 555 inhuman treatment on an inmate resulting in great bodily harm. 556 60.Section 944.40, relating to escape. 557 61.Section 944.46, relating to harboring, concealing, or 558 aiding an escaped prisoner. 559 62.Section 944.47, relating to introduction of contraband 560 into a correctional institution. 561 63.Section 985.701, relating to sexual misconduct in 562 juvenile justice programs. 563 64.Section 985.711, relating to introduction of contraband 564 into a detention facility. 565 Section 10.Subsection (2) of section 435.07, Florida 566 Statutes, is amended to read: 567 435.07Exemptions from disqualification.Unless otherwise 568 provided by law, the provisions of this section apply to 569 exemptions from disqualification for disqualifying offenses 570 revealed pursuant to background screenings required under this 571 chapter, regardless of whether those disqualifying offenses are 572 listed in this chapter or other laws. 573 (2)Persons employed, or applicants for employment, by 574 treatment providers who treat adolescents 13 years of age and 575 older who are disqualified from employment solely because of 576 crimes under s. 796.07(1) s. 796.07(2)(e), s. 810.02(4), s. 577 812.014(2)(c), s. 817.563, s. 831.01, s. 831.02, s. 893.13, or 578 s. 893.147, or any related criminal attempt, solicitation, or 579 conspiracy under s. 777.04, may be exempted from 580 disqualification from employment pursuant to this chapter 581 without application of the waiting period in subparagraph 582 (1)(a)1. 583 Section 11.Subsection (4) and paragraphs (o) and (q) of 584 subsection (5) of section 456.074, Florida Statutes, are amended 585 to read: 586 456.074Certain health care practitioners; immediate 587 suspension of license. 588 (4)The department shall issue an emergency order 589 suspending the license of a massage therapist or establishment 590 as defined in chapter 480 upon receipt of information that the 591 massage therapist, a person with an ownership interest in the 592 establishment, or, for a corporation that has more than $250,000 593 of business assets in this state, the owner, officer, or 594 individual directly involved in the management of the 595 establishment has been convicted or found guilty of, or has 596 entered a plea of guilty or nolo contendere to, regardless of 597 adjudication, a violation of s. 796.06(1) that s. 796.07(2)(a) 598 which is reclassified under s. 796.06(4) s. 796.07(7) or a 599 felony offense under any of the following provisions of state 600 law or a similar provision in another jurisdiction: 601 (a)Section 787.01, relating to kidnapping. 602 (b)Section 787.02, relating to false imprisonment. 603 (c)Section 787.025, relating to luring or enticing a 604 child. 605 (d)Section 787.06, relating to human trafficking. 606 (e)Section 787.07, relating to human smuggling. 607 (f)Section 794.011, relating to sexual battery. 608 (g)Section 794.08, relating to female genital mutilation. 609 (h)Former s. 796.03, relating to procuring a person under 610 the age of 18 for prostitution. 611 (i)Former s. 796.035, relating to the selling or buying of 612 minors into prostitution. 613 (j)Former s. 796.04 section 796.04, relating to forcing, 614 compelling, or coercing another to become a prostitute. 615 (k)Section 796.05, relating to deriving support from the 616 proceeds of prostitution. 617 (l)Section 796.07(3)(a)3. Section 796.07(4)(a)3., relating 618 to a felony of the first third degree for a third or subsequent 619 violation of s. 796.07, relating to prohibiting prostitution and 620 related acts. 621 (m)Section 800.04, relating to lewd or lascivious offenses 622 committed upon or in the presence of persons less than 16 years 623 of age. 624 (n)Section 825.1025(2)(b), relating to lewd or lascivious 625 offenses committed upon or in the presence of an elderly or 626 disabled person. 627 (o)Section 827.071, relating to sexual performance by a 628 child. 629 (p)Section 847.0133, relating to the protection of minors. 630 (q)Section 847.0135, relating to computer pornography. 631 (r)Section 847.0138, relating to the transmission of 632 material harmful to minors to a minor by electronic device or 633 equipment. 634 (s)Section 847.0145, relating to the selling or buying of 635 minors. 636 (5)The department shall issue an emergency order 637 suspending the license of any health care practitioner who is 638 arrested for committing or attempting, soliciting, or conspiring 639 to commit any act that would constitute a violation of any of 640 the following criminal offenses in this state or similar 641 offenses in another jurisdiction: 642 (o)Former s. 796.04 section 796.04, relating to forcing, 643 compelling, or coercing another to become a prostitute. 644 (q)Section 796.07(3)(a)3. Section 796.07(4)(a)3., relating 645 to a felony of the first third degree for a third or subsequent 646 violation of s. 796.07, relating to prohibiting prostitution and 647 related acts. 648 Section 12.Subsection (7) of section 480.041, Florida 649 Statutes, is amended to read: 650 480.041Massage therapists; qualifications; licensure; 651 endorsement. 652 (7)The board shall deny an application for a new or 653 renewal license if an applicant has been convicted or found 654 guilty of, or enters a plea of guilty or nolo contendere to, 655 regardless of adjudication, a violation of s. 796.06(1) s. 656 796.07(2)(a) which is reclassified under s. 796.06(4) s. 657 796.07(7) or a felony offense under any of the following 658 provisions of state law or a similar provision in another 659 jurisdiction: 660 (a)Section 787.01, relating to kidnapping. 661 (b)Section 787.02, relating to false imprisonment. 662 (c)Section 787.025, relating to luring or enticing a 663 child. 664 (d)Section 787.06, relating to human trafficking. 665 (e)Section 787.07, relating to human smuggling. 666 (f)Section 794.011, relating to sexual battery. 667 (g)Section 794.08, relating to female genital mutilation. 668 (h)Former s. 796.03, relating to procuring a person under 669 the age of 18 for prostitution. 670 (i)Former s. 796.035, relating to the selling or buying of 671 minors into prostitution. 672 (j)Former s. 796.04 section 796.04, relating to forcing, 673 compelling, or coercing another to become a prostitute. 674 (k)Section 796.05, relating to deriving support from the 675 proceeds of prostitution. 676 (l)Section 796.07(3)(a)3. Section 796.07(4)(a)3., relating 677 to a felony of the first third degree for a third or subsequent 678 violation of s. 796.07, relating to prohibiting prostitution and 679 related acts. 680 (m)Section 800.04, relating to lewd or lascivious offenses 681 committed upon or in the presence of persons less than 16 years 682 of age. 683 (n)Section 825.1025(2)(b), relating to lewd or lascivious 684 offenses committed upon or in the presence of an elderly or 685 disabled person. 686 (o)Section 827.071, relating to sexual performance by a 687 child. 688 (p)Section 847.0133, relating to the protection of minors. 689 (q)Section 847.0135, relating to computer pornography. 690 (r)Section 847.0138, relating to the transmission of 691 material harmful to minors to a minor by electronic device or 692 equipment. 693 (s)Section 847.0145, relating to the selling or buying of 694 minors. 695 Section 13.Subsection (8) of section 480.043, Florida 696 Statutes, is amended to read: 697 480.043Massage establishments; requisites; licensure; 698 inspection; human trafficking awareness training and policies. 699 (8)The department shall deny an application for a new or 700 renewal license if an establishment owner or a designated 701 establishment manager or, for a corporation that has more than 702 $250,000 of business assets in this state, an establishment 703 owner, a designated establishment manager, or any individual 704 directly involved in the management of the establishment has 705 been convicted of or entered a plea of guilty or nolo contendere 706 to any misdemeanor or felony crime, regardless of adjudication, 707 related to prostitution or related acts as described in s. 708 796.06 or s. 796.07 or a felony offense under any of the 709 following provisions of state law or a similar provision in 710 another jurisdiction: 711 (a)Section 787.01, relating to kidnapping. 712 (b)Section 787.02, relating to false imprisonment. 713 (c)Section 787.025, relating to luring or enticing a 714 child. 715 (d)Section 787.06, relating to human trafficking. 716 (e)Section 787.07, relating to human smuggling. 717 (f)Section 794.011, relating to sexual battery. 718 (g)Section 794.08, relating to female genital mutilation. 719 (h)Former s. 796.03, relating to procuring a person under 720 the age of 18 for prostitution. 721 (i)Former s. 796.035, relating to selling or buying of 722 minors into prostitution. 723 (j)Former s. 796.04 section 796.04, relating to forcing, 724 compelling, or coercing another to become a prostitute. 725 (k)Section 796.05, relating to deriving support from the 726 proceeds of prostitution. 727 (l)Section 800.04, relating to lewd or lascivious offenses 728 committed upon or in the presence of persons less than 16 years 729 of age. 730 (m)Section 825.1025(2)(b), relating to lewd or lascivious 731 offenses committed upon or in the presence of an elderly or 732 disabled person. 733 (n)Section 827.071, relating to sexual performance by a 734 child. 735 (o)Section 847.0133, relating to the protection of minors. 736 (p)Section 847.0135, relating to computer pornography. 737 (q)Section 847.0138, relating to the transmission of 738 material harmful to minors to a minor by electronic device or 739 equipment. 740 (r)Section 847.0145, relating to the selling or buying of 741 minors. 742 Section 14.Paragraph (c) of subsection (3) of section 743 480.046, Florida Statutes, is amended to read: 744 480.046Grounds for disciplinary action by the board. 745 (3)The board shall revoke or suspend the license of a 746 massage establishment licensed under this act, or deny 747 subsequent licensure of such an establishment, if any of the 748 following occurs: 749 (c)The establishment owner, the designated establishment 750 manager, or any individual providing massage therapy services 751 for the establishment has had the entry in any jurisdiction of: 752 1.A final order or other disciplinary action taken for 753 sexual misconduct involving prostitution; 754 2.A final order or other disciplinary action taken for 755 crimes related to the practice of massage therapy involving 756 prostitution; or 757 3.A conviction or a plea of guilty or nolo contendere to 758 any misdemeanor or felony crime, regardless of adjudication, 759 related to prostitution or related acts as described in s. 760 796.06 or s. 796.07. 761 Section 15.Paragraph (a) of subsection (1) of section 762 772.102, Florida Statutes, is amended to read: 763 772.102Definitions.As used in this chapter, the term: 764 (1)Criminal activity means to commit, to attempt to 765 commit, to conspire to commit, or to solicit, coerce, or 766 intimidate another person to commit: 767 (a)Any crime that is chargeable by indictment or 768 information under the following provisions: 769 1.Section 210.18, relating to evasion of payment of 770 cigarette taxes. 771 2.Section 414.39, relating to public assistance fraud. 772 3.Section 440.105 or s. 440.106, relating to workers 773 compensation. 774 4.Part IV of chapter 501, relating to telemarketing. 775 5.Chapter 517, relating to securities transactions. 776 6.Section 550.235 or s. 550.3551, relating to dogracing 777 and horseracing. 778 7.Chapter 550, relating to jai alai frontons. 779 8.Chapter 552, relating to the manufacture, distribution, 780 and use of explosives. 781 9.Chapter 562, relating to beverage law enforcement. 782 10.Section 624.401, relating to transacting insurance 783 without a certificate of authority, s. 624.437(4)(c)1., relating 784 to operating an unauthorized multiple-employer welfare 785 arrangement, or s. 626.902(1)(b), relating to representing or 786 aiding an unauthorized insurer. 787 11.Chapter 687, relating to interest and usurious 788 practices. 789 12.Section 721.08, s. 721.09, or s. 721.13, relating to 790 real estate timeshare plans. 791 13.Chapter 782, relating to homicide. 792 14.Chapter 784, relating to assault and battery. 793 15.Chapter 787, relating to kidnapping or human 794 trafficking. 795 16.Chapter 790, relating to weapons and firearms. 796 17.Former s. 796.03, former s. 796.04, s. 796.05, s. 797 796.06, or s. 796.07, relating to prostitution. 798 18.Chapter 806, relating to arson. 799 19.Section 810.02(2)(c), relating to specified burglary of 800 a dwelling or structure. 801 20.Chapter 812, relating to theft, robbery, and related 802 crimes. 803 21.Chapter 815, relating to computer-related crimes. 804 22.Chapter 817, relating to fraudulent practices, false 805 pretenses, fraud generally, and credit card crimes. 806 23.Section 827.071, relating to commercial sexual 807 exploitation of children. 808 24.Chapter 831, relating to forgery and counterfeiting. 809 25.Chapter 832, relating to issuance of worthless checks 810 and drafts. 811 26.Section 836.05, relating to extortion. 812 27.Chapter 837, relating to perjury. 813 28.Chapter 838, relating to bribery and misuse of public 814 office. 815 29.Chapter 843, relating to obstruction of justice. 816 30.Section 847.011, s. 847.012, s. 847.013, s. 847.06, or 817 s. 847.07, relating to obscene literature and profanity. 818 31.Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 819 849.25, relating to gambling. 820 32.Chapter 893, relating to drug abuse prevention and 821 control. 822 33.Section 914.22 or s. 914.23, relating to witnesses, 823 victims, or informants. 824 34.Section 918.12 or s. 918.13, relating to tampering with 825 jurors and evidence. 826 Section 16.Paragraph (a) of subsection (3) of section 827 787.01, Florida Statutes, is amended to read: 828 787.01Kidnapping; kidnapping of child under age 13, 829 aggravating circumstances. 830 (3)(a)A person who commits the offense of kidnapping upon 831 a child under the age of 13 and who, in the course of committing 832 the offense, commits one or more of the following: 833 1.Aggravated child abuse, as defined in s. 827.03; 834 2.Sexual battery, as defined in chapter 794, against the 835 child; 836 3.Lewd or lascivious battery, lewd or lascivious 837 molestation, lewd or lascivious conduct, or lewd or lascivious 838 exhibition, in violation of s. 800.04 or s. 847.0135(5); 839 4.A violation of former s. 796.03 or former s. 796.04, 840 relating to prostitution, upon the child; 841 5.Exploitation of the child or allowing the child to be 842 exploited, in violation of s. 450.151; or 843 6.A violation of s. 787.06(3)(g), relating to human 844 trafficking, 845 846 commits a life felony, punishable as provided in s. 775.082, s. 847 775.083, or s. 775.084. 848 Section 17.Paragraph (a) of subsection (3) of section 849 787.02, Florida Statutes, is amended to read: 850 787.02False imprisonment; false imprisonment of child 851 under age 13, aggravating circumstances. 852 (3)(a)A person who commits the offense of false 853 imprisonment upon a child under the age of 13 and who, in the 854 course of committing the offense, commits any offense enumerated 855 in subparagraphs 1.-6. subparagraphs 1.-5., commits a felony of 856 the first degree, punishable by imprisonment for a term of years 857 not exceeding life or as provided in s. 775.082, s. 775.083, or 858 s. 775.084. 859 1.Aggravated child abuse, as defined in s. 827.03; 860 2.Sexual battery, as defined in chapter 794, against the 861 child; 862 3.Lewd or lascivious battery, lewd or lascivious 863 molestation, lewd or lascivious conduct, or lewd or lascivious 864 exhibition, in violation of s. 800.04 or s. 847.0135(5); 865 4.A violation of former s. 796.03 or former s. 796.04, 866 relating to prostitution, upon the child; 867 5.Exploitation of the child or allowing the child to be 868 exploited, in violation of s. 450.151; or 869 6.A violation of s. 787.06(3)(g) relating to human 870 trafficking. 871 Section 18.Subsection (1) of section 794.056, Florida 872 Statutes, is amended to read: 873 794.056Rape Crisis Program Trust Fund. 874 (1)The Rape Crisis Program Trust Fund is created within 875 the Department of Health for the purpose of providing funds for 876 rape crisis centers in this state. Trust fund moneys shall be 877 used exclusively for the purpose of providing services for 878 victims of sexual assault. Funds credited to the trust fund 879 consist of those funds collected as an additional court 880 assessment in each case in which a defendant pleads guilty or 881 nolo contendere to, or is found guilty of, regardless of 882 adjudication, an offense provided in s. 775.21(6) and (10)(a), 883 (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 884 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 885 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s. 886 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; 887 former s. 796.03; former s. 796.035; former s. 796.04; s. 888 796.05; s. 796.06; s. 796.07(1) s. 796.07(2)(a)-(d) and (i); s. 889 800.03; s. 800.04; s. 810.14; s. 810.145; s. 812.135; s. 890 817.025; s. 825.102; s. 825.1025; s. 827.071; s. 836.10; s. 891 847.0133; s. 847.0135(2); s. 847.0137; s. 847.0145; s. 892 943.0435(4)(c), (7), (8), (9)(a), (13), and (14)(c); or s. 893 985.701(1). Funds credited to the trust fund also shall include 894 revenues provided by law, moneys appropriated by the 895 Legislature, and grants from public or private entities. 896 Section 19.Subsection (3) of section 796.08, Florida 897 Statutes, is amended to read: 898 796.08Screening for HIV and sexually transmissible 899 diseases; providing penalties. 900 (3)A person convicted under s. 796.07 of providing, or 901 offering to provide, something of value in exchange for sexual 902 activity prostitution or procuring another to commit 903 prostitution must undergo screening for a sexually transmissible 904 disease, including, but not limited to, screening to detect 905 exposure to the human immunodeficiency virus, under direction of 906 the Department of Health. If the person is infected, he or she 907 must submit to treatment and counseling prior to release from 908 probation, community control, or incarceration. Notwithstanding 909 the provisions of s. 384.29, the results of tests conducted 910 pursuant to this subsection shall be made available by the 911 Department of Health to the offender, medical personnel, 912 appropriate state agencies, state attorneys, and courts of 913 appropriate jurisdiction in need of such information in order to 914 enforce the provisions of this chapter. 915 Section 20.Subsection (2) of section 796.09, Florida 916 Statutes, is amended to read: 917 796.09Coercion; civil cause of action; evidence; defenses; 918 attorneys fees. 919 (2)As used in this section, the term prostitution has 920 the same meaning as in s. 796.011 s. 796.07. 921 Section 21.Subsection (2) of section 893.138, Florida 922 Statutes, is amended to read: 923 893.138Local administrative action to abate certain 924 activities declared public nuisances. 925 (2)Any place or premises that has been used: 926 (a)On more than two occasions within a 6-month period, as 927 the site of a violation of s. 796.06 or s. 796.07; 928 (b)On more than two occasions within a 6-month period, as 929 the site of the unlawful sale, delivery, manufacture, or 930 cultivation of any controlled substance; 931 (c)On one occasion as the site of the unlawful possession 932 of a controlled substance, where such possession constitutes a 933 felony and that has been previously used on more than one 934 occasion as the site of the unlawful sale, delivery, 935 manufacture, or cultivation of any controlled substance; 936 (d)By a criminal gang for the purpose of conducting 937 criminal gang activity as defined by s. 874.03; 938 (e)On more than two occasions within a 6-month period, as 939 the site of a violation of s. 812.019 relating to dealing in 940 stolen property; 941 (f)On two or more occasions within a 6-month period, as 942 the site of a violation of chapter 499; or 943 (g)On more than two occasions within a 6-month period, as 944 the site of a violation of any combination of the following: 945 1.Section 782.04, relating to murder; 946 2.Section 782.051, relating to attempted felony murder; 947 3.Section 784.045(1)(a)2., relating to aggravated battery 948 with a deadly weapon; or 949 4.Section 784.021(1)(a), relating to aggravated assault 950 with a deadly weapon without intent to kill, 951 952 may be declared to be a public nuisance, and such nuisance may 953 be abated pursuant to the procedures provided in this section. 954 Section 22.Paragraph (a) of subsection (8) of section 955 895.02, Florida Statutes, is amended to read: 956 895.02Definitions.As used in ss. 895.01-895.08, the term: 957 (8)Racketeering activity means to commit, to attempt to 958 commit, to conspire to commit, or to solicit, coerce, or 959 intimidate another person to commit: 960 (a)Any crime that is chargeable by petition, indictment, 961 or information under the following provisions of the Florida 962 Statutes: 963 1.Section 210.18, relating to evasion of payment of 964 cigarette taxes. 965 2.Section 316.1935, relating to fleeing or attempting to 966 elude a law enforcement officer and aggravated fleeing or 967 eluding. 968 3.Chapter 379, relating to the illegal sale, purchase, 969 collection, harvest, capture, or possession of wild animal life, 970 freshwater aquatic life, or marine life, and related crimes. 971 4.Section 403.727(3)(b), relating to environmental 972 control. 973 5.Section 409.920 or s. 409.9201, relating to Medicaid 974 fraud. 975 6.Section 414.39, relating to public assistance fraud. 976 7.Section 440.105 or s. 440.106, relating to workers 977 compensation. 978 8.Section 443.071(4), relating to creation of a fictitious 979 employer scheme to commit reemployment assistance fraud. 980 9.Section 465.0161, relating to distribution of medicinal 981 drugs without a permit as an Internet pharmacy. 982 10.Section 499.0051, relating to crimes involving 983 contraband, adulterated, or misbranded drugs. 984 11.Part IV of chapter 501, relating to telemarketing. 985 12.Chapter 517, relating to sale of securities and 986 investor protection. 987 13.Section 550.235 or s. 550.3551, relating to dogracing 988 and horseracing. 989 14.Chapter 550, relating to jai alai frontons. 990 15.Section 551.109, relating to slot machine gaming. 991 16.Chapter 552, relating to the manufacture, distribution, 992 and use of explosives. 993 17.Chapter 560, relating to money transmitters, if the 994 violation is punishable as a felony. 995 18.Chapter 562, relating to beverage law enforcement. 996 19.Section 624.401, relating to transacting insurance 997 without a certificate of authority, s. 624.437(4)(c)1., relating 998 to operating an unauthorized multiple-employer welfare 999 arrangement, or s. 626.902(1)(b), relating to representing or 1000 aiding an unauthorized insurer. 1001 20.Section 655.50, relating to reports of currency 1002 transactions, when such violation is punishable as a felony. 1003 21.Chapter 687, relating to interest and usurious 1004 practices. 1005 22.Section 721.08, s. 721.09, or s. 721.13, relating to 1006 real estate timeshare plans. 1007 23.Section 775.13(5)(b), relating to registration of 1008 persons found to have committed any offense for the purpose of 1009 benefiting, promoting, or furthering the interests of a criminal 1010 gang. 1011 24.Section 777.03, relating to commission of crimes by 1012 accessories after the fact. 1013 25.Chapter 782, relating to homicide. 1014 26.Chapter 784, relating to assault and battery. 1015 27.Chapter 787, relating to kidnapping, human smuggling, 1016 or human trafficking. 1017 28.Chapter 790, relating to weapons and firearms. 1018 29.Chapter 794, relating to sexual battery, but only if 1019 such crime was committed with the intent to benefit, promote, or 1020 further the interests of a criminal gang, or for the purpose of 1021 increasing a criminal gang members own standing or position 1022 within a criminal gang. 1023 30.Former s. 796.03, former s. 796.035, former s. 796.04, 1024 s. 796.05, s. 796.06, or s. 796.07, relating to prostitution. 1025 31.Chapter 806, relating to arson and criminal mischief. 1026 32.Chapter 810, relating to burglary and trespass. 1027 33.Chapter 812, relating to theft, robbery, and related 1028 crimes. 1029 34.Chapter 815, relating to computer-related crimes. 1030 35.Chapter 817, relating to fraudulent practices, false 1031 pretenses, fraud generally, credit card crimes, and patient 1032 brokering. 1033 36.Chapter 825, relating to abuse, neglect, or 1034 exploitation of an elderly person or disabled adult. 1035 37.Section 827.071, relating to commercial sexual 1036 exploitation of children. 1037 38.Section 828.122, relating to fighting or baiting 1038 animals. 1039 39.Chapter 831, relating to forgery and counterfeiting. 1040 40.Chapter 832, relating to issuance of worthless checks 1041 and drafts. 1042 41.Section 836.05, relating to extortion. 1043 42.Chapter 837, relating to perjury. 1044 43.Chapter 838, relating to bribery and misuse of public 1045 office. 1046 44.Chapter 843, relating to obstruction of justice. 1047 45.Section 847.011, s. 847.012, s. 847.013, s. 847.06, or 1048 s. 847.07, relating to obscene literature and profanity. 1049 46.Chapter 849, relating to gambling, lottery, gambling or 1050 gaming devices, slot machines, or any of the provisions within 1051 that chapter. 1052 47.Chapter 874, relating to criminal gangs. 1053 48.Chapter 893, relating to drug abuse prevention and 1054 control. 1055 49.Chapter 896, relating to offenses related to financial 1056 transactions. 1057 50.Sections 914.22 and 914.23, relating to tampering with 1058 or harassing a witness, victim, or informant, and retaliation 1059 against a witness, victim, or informant. 1060 51.Sections 918.12 and 918.13, relating to tampering with 1061 jurors and evidence. 1062 Section 23.Section 938.085, Florida Statutes, is amended 1063 to read: 1064 938.085Additional cost to fund rape crisis centers.In 1065 addition to any sanction imposed when a person pleads guilty or 1066 nolo contendere to, or is found guilty of, regardless of 1067 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and 1068 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045; 1069 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s. 1070 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s. 1071 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s. 1072 796.03; former s. 796.035; former s. 796.04; s. 796.05; s. 1073 796.06; s. 796.07(1) s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 1074 800.04; s. 810.14; s. 810.145; s. 812.135; s. 817.025; s. 1075 825.102; s. 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 1076 847.0135(2); s. 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), 1077 (8), (9)(a), (13), and (14)(c); or s. 985.701(1), the court 1078 shall impose a surcharge of $151. Payment of the surcharge shall 1079 be a condition of probation, community control, or any other 1080 court-ordered supervision. The sum of $150 of the surcharge 1081 shall be deposited into the Rape Crisis Program Trust Fund 1082 established within the Department of Health by chapter 2003-140, 1083 Laws of Florida. The clerk of the court shall retain $1 of each 1084 surcharge that the clerk of the court collects as a service 1085 charge of the clerks office. 1086 Section 24.This act shall take effect October 1, 2024.