Florida 2025 Regular Session

Florida House Bill H0895 Latest Draft

Bill / Introduced Version Filed 02/21/2025

                               
 
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A bill to be entitled 1 
An act relating to prostitution and related acts; 2 
creating s. 796.011, F.S.; providing definitions; 3 
creating s. 796.031, F.S.; prohibiting adults from 4 
prostitution and specified related acts; providing 5 
criminal penalties; providing that specified testimony 6 
concerning the reputation of certain locations is 7 
admissible; requiring a court to order that a person 8 
sentenced for certain violations attend an educational 9 
program; authorizing judicial circuits to establish 10 
certain educational programs; repealing s. 79 6.04, 11 
F.S., relating to forcing another to become a 12 
prostitute; amending s. 796.06, F.S.; prohibiting 13 
certain acts concerning locations used for the purpose 14 
of commercial sex; providing criminal penalties; 15 
providing that specified testimony concerning the 16 
reputation of locations is admissible in the trial of 17 
persons charged with certain offenses; requiring the 18 
reclassification of offenses under specified 19 
circumstances; amending s. 796.07, F.S.; deleting 20 
definitions; prohibiting a person from providing, or 21 
offering to provide, something of value in exchange 22 
for sexual activity; deleting prohibited acts relating 23 
to prostitution and related acts; deleting a provision 24 
authorizing a police officer to testify under certain 25     
 
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circumstances; providing criminal penalti es; requiring 26 
a court to order that certain defendants perform 27 
community service, pay for and attend an educational 28 
program, pay a civil penalty, and receive sexually 29 
transmitted disease testing; providing requirements 30 
for the proceeds of the civil penalty ; authorizing a 31 
judicial circuit to establish a certain educational 32 
program; deleting a minimum mandatory period of 33 
incarceration for the commission of a certain offense; 34 
deleting obsolete provisions; conforming provisions to 35 
changes made by the act; amend ing ss. 60.05, 322.28, 36 
397.4073, 397.417, 420.6241, 435.07, 456.074, 480.041, 37 
480.043, 480.046, 772.102, 787.01, 787.02, 794.056, 38 
796.08, 796.09, 893.138, 895.02, and 938.085, F.S.; 39 
conforming provisions to changes made by the act; 40 
providing an effective d ate. 41 
 42 
Be It Enacted by the Legislature of the State of Florida: 43 
 44 
 Section 1.  Section 796.011, Florida Statutes, is created 45 
to read: 46 
 796.011  Definitions. —As used in this chapter, the term: 47 
 (1)  "Adult" means an individual 18 years of age or older. 48 
 (2)  "Assignation" means the making of any appointment or 49 
engagement for prostitution or lewdness, or any act in 50     
 
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furtherance of such appointment or engagement. 51 
 (3)  "Commercial sex" means any violation of s. 787.06 or 52 
any violation of this chapter. 53 
 (4) "Female genitals" includes the labia minora, labia 54 
majora, clitoris, vulva, hymen, and vagina. 55 
 (5)  "Lewdness" means any indecent or obscene act. 56 
 (6)  "Prostitution" means engaging in, agreeing to engage 57 
in, or offering to engage in sexual activity in exchange for 58 
something of value but excludes sexual activity between spouses. 59 
 (7)  "Sexual activity" means oral, anal, or female genital 60 
penetration by, or union with, the sexual organ of another; anal 61 
or female genital penetration of another by any other object; or 62 
the handling or fondling of the sexual organ of another for the 63 
purpose of masturbation. The term does not include acts done for 64 
bona fide medical purposes. 65 
 Section 2.  Section 796.031, Florida Statutes, is created 66 
to read: 67 
 796.031  Prostitution, lewdness, and assignation 68 
prohibited; penalties. — 69 
 (1)  It is unlawful for an adult to offer to commit, to 70 
commit, or to engage in prostitution, lewdness, or assignation. 71 
 (2)  In the trial of a person charged with a violation of 72 
this section, testimony concerning the reputation of any place, 73 
structure, building, or conveyance involved in the charge; 74 
testimony concerning the reputation of any person residing in, 75     
 
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operating, or frequenting such place, structure, building, or 76 
conveyance; and testimony concerning the reputation of the 77 
defendant is admissible in evidence in support of the charge. 78 
 (3)(a)  A person who violates this section commits a 79 
misdemeanor of the second degre e, punishable as provided in s. 80 
775.082 or s. 775.083. 81 
 (b)  In addition to any other penalty imposed, the court 82 
shall order a person sentenced for a violation of this section 83 
to attend an educational program about the negative effects of 84 
commercial sex. The educational program may be offered by a 85 
secular or faith-based provider. 86 
 (c)  A judicial circuit may establish an educational 87 
program for persons convicted of or charged with a violation of 88 
this section, to include education on: 89 
 1.  The relationship b etween demand for commercial sex and 90 
human trafficking. 91 
 2.  The impact of human trafficking on victims. 92 
 3.  Coercion, consent, and sexual violence. 93 
 4.  The health and legal consequences of commercial sex. 94 
 5.  The negative impact of commercial sex on pr ostituted 95 
persons and the community. 96 
 6.  The reasons and motivations for engaging in 97 
prostitution. 98 
 Section 3. Section 796.04, Florida Statutes, is repealed. 99 
 Section 4.  Section 796.06, Florida Statutes, is amended to 100     
 
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read: 101 
 796.06  Maintaining Renting space to be used for commercial 102 
sex lewdness, assignation, or prostitution .— 103 
 (1)  It is unlawful to : 104 
 (a)  Own, establish, maintain, operate, use, let, or rent a 105 
building, residence, any place, or structure, in whole or in or 106 
part thereof, or a trailer or any other conveyance, with the 107 
knowledge or reckless disregard that it will be used for the 108 
purpose of commercial sex lewdness, assignation, or 109 
prostitution. 110 
 (b)  Receive, or to offer or agree to receive, a person 111 
into a building, residence, p lace, or structure, or a trailer or 112 
any other conveyance, for the purpose of commercial sexual 113 
activity or to allow a person to remain there for such purpose. 114 
 (2)  A person who violates this section commits: 115 
 (a)  A felony misdemeanor of the third first degree for a 116 
first violation, punishable as provided in s. 775.082 or s. 117 
775.083. 118 
 (b)  A felony of the second third degree for a second or 119 
subsequent violation, punishable as provided in s. 775.082, s. 120 
775.083, or s. 775.084. 121 
 (c)  A felony of the first de gree for a third or subsequent 122 
violation, punishable as provided in s. 775.082, s. 775.083, or 123 
s. 775.084. 124 
 (3)  In the trial of a person charged with a violation of 125     
 
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this section, testimony concerning the reputation of any place, 126 
structure, building, or co nveyance involved in the charge; 127 
testimony concerning the reputation of any person residing in, 128 
operating, or frequenting such place, structure, building, or 129 
conveyance; and testimony concerning the reputation of the 130 
defendant is admissible in evidence in support of the charge. 131 
 (4)  If such building, residence, place, structure, or 132 
trailer or any other conveyance that is owned, established, 133 
maintained, or operated is a massage establishment that is or 134 
should be licensed under s. 480.043, the offense must b e 135 
reclassified to the next higher degree as follows: 136 
 (a)  A felony of the third degree is reclassified as a 137 
felony of the second degree, punishable as provided in s. 138 
775.082, s. 775.083, or s. 775.084. 139 
 (b)  A felony of the second degree is reclassified a s a 140 
felony of the first degree, punishable as provided in s. 141 
775.082, s. 775.083, or s. 775.084. 142 
 (c)  A felony of the first degree is reclassified as a 143 
felony of the first degree punishable by life in prison, 144 
punishable as provided in s. 775.082, s. 775.0 83, or s. 775.084. 145 
 Section 5.  Section 796.07, Florida Statutes, is amended to 146 
read: 147 
 796.07  Prohibiting prostitution and related acts.— 148 
 (1)  As used in this section: 149 
 (a)  "Assignation" means the making of any appointment or 150     
 
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engagement for prostituti on or lewdness, or any act in 151 
furtherance of such appointment or engagement. 152 
 (b)  "Female genitals" includes the labia minora, labia 153 
majora, clitoris, vulva, hymen, and vagina. 154 
 (c)  "Lewdness" means any indecent or obscene act. 155 
 (d)  "Prostitution" means the giving or receiving of the 156 
body for sexual activity for hire but excludes sexual activity 157 
between spouses. 158 
 (e)  "Sexual activity" means oral, anal, or female genital 159 
penetration by, or union with, the sexual organ of another; anal 160 
or female genital penetration of another by any other object; or 161 
the handling or fondling of the sexual organ of another for the 162 
purpose of masturbation; however, the term does not include acts 163 
done for bona fide medical purposes. 164 
 (1)(2) It is unlawful for a person: 165 
 (a) to provide, or offer to provide, something of value in 166 
exchange for sexual activity own, establish, maintain, or 167 
operate any place, structure, building, or conveyance for the 168 
purpose of lewdness, assignation, or prostitution . 169 
 (b)  To offer, or to offer or agree to secure, another for 170 
the purpose of prostitution or for any other lewd or indecent 171 
act. 172 
 (c)  To receive, or to offer or agree to receive, any 173 
person into any place, structure, building, or conveyance for 174 
the purpose of prostitution, lewdness, or assignation, or to 175     
 
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permit any person to remain there for such purpose. 176 
 (d)  To direct, take, or transport, or to offer or agree to 177 
direct, take, or transport, any person to any place, structure, 178 
or building, or to any other person, with knowledge or 179 
reasonable cause to believe that the purpose of such directing, 180 
taking, or transporting is prostitution, lewdness, or 181 
assignation. 182 
 (e)  For a person 18 years of age or older to offer to 183 
commit, or to commit, or to engage in, prostitution, lewdness, 184 
or assignation. 185 
 (f)  To solicit, induce, entice, or procure another to 186 
commit prostitution, lewdness, or assignation. 187 
 (g)  To reside in, enter, or remain in, any place, 188 
structure, or building, or to enter or remain in any conveyance, 189 
for the purpose of prostitution, lewdness, or assignation. 190 
 (h)  To aid, abet, or participate in any of the acts or 191 
things enumerated in this subsection. 192 
 (i)  To purchase the services of any person engaged in 193 
prostitution. 194 
 (2)(3)(a) In the trial of a person charged with a 195 
violation of this section, testimony concerning the reputation 196 
of any place, structure, building, or conveyance involved in the 197 
charge, testimony concerning the reputation of any person 198 
residing in, operating, or frequenting such place, structure, 199 
building, or conveyance, and testimony concerning the reputation 200     
 
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of the defendant is admissible in evidence in support of the 201 
charge. 202 
 (b)  Notwithstanding any other provision of law, a police 203 
officer may testify as an offended party in an action regarding 204 
charges filed pursuant to this section. 205 
 (3)(a)(4)(a) A person who violates any provision of this 206 
section, other than paragraph (2)(f), commits: 207 
 1.  A felony misdemeanor of the third second degree for a 208 
first violation, punishable as provided in s. 775.082 or s. 209 
775.083. 210 
 2.  A felony misdemeanor of the second first degree for a 211 
second violation, punishable as provided in s. 775.082 or s. 212 
775.083. 213 
 3.  A felony of the first third degree for a third or 214 
subsequent violation, punishable as provided in s. 775.082, s. 215 
775.083, or s. 775.084. 216 
 (b)  A person who is charged with a third or subsequent 217 
violation of this section, other than paragraph (2)(f), shall be 218 
offered admission to a pretrial intervention program or a 219 
substance abuse treatment program as provided in s. 948.08. 220 
 (5)(a)  A person who violates paragraph (2)(f) commits: 221 
 1.  A misdemeanor of the first degree for a first 222 
violation, punishable as provided in s. 775.082 or s. 775.083. 223 
 2.  A felony of the third degree for a second violation, 224 
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 225     
 
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 3.  A felony of the second degree for a third or subsequent 226 
violation, punishable as provided in s. 775.082, s. 775.083, or 227 
s. 775.084. 228 
 (b)  In addition to any other penalty imposed, if a 229 
violation of this section results in any judicial disposition 230 
other than acquittal or dismissal, the court must shall order 231 
the defendant a person convicted of a violation of paragraph 232 
(2)(f) to: 233 
 1.  Perform 100 hours of community service ;. 234 
 2.  Pay for and attend an educ ational program, which may be 235 
offered by a secular or faith -based provider, on the negative 236 
effects of commercial sexual activity; as described in 237 
subsection (8), if such a program exists in the judicial circuit 238 
in which the offender is sentenced 239 
 3.  Pay a civil penalty of $5,000. Of the proceeds from 240 
each penalty assessed under this subparagraph, the first $500 241 
must be paid to the circuit court administrator for the sole 242 
purpose of paying the administrative costs of treatment -based 243 
drug court programs pro vided under s. 397.334. The remainder of 244 
the penalty assessed must be deposited in the Operations and 245 
Maintenance Trust Fund of the Department of Children and 246 
Families for the sole purpose of funding safe houses and safe 247 
foster homes as provided in s. 409. 1678; and 248 
 4.  Receive sexually transmitted disease testing at a 249 
recognized medical facility . 250     
 
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 (c)  A judicial circuit may establish an educational 251 
program for persons convicted of or charged with a violation of 252 
this section, to include education on: 253 
 1.  The relationship between demand for commercial sex and 254 
human trafficking; 255 
 2.  The impact of human trafficking on victims; 256 
 3.  Coercion, consent, and sexual violence; 257 
 4.  The health and legal consequences of commercial sex; 258 
 5.  The negative impact of co mmercial sex on prostituted 259 
persons and the community; and 260 
 6.  The reasons and motivations for engaging in 261 
prostitution In addition to any other penalty imposed, the court 262 
shall sentence a person convicted of a second or subsequent 263 
violation of paragraph (2)(f) to a minimum mandatory period of 264 
incarceration of 10 days . 265 
 (d)1.  If a person who violates this section paragraph 266 
(2)(f) uses a vehicle in the course of the violation, the judge, 267 
upon the person's conviction, may issue an order for the 268 
impoundment or immobilization of the vehicle for a period of up 269 
to 60 days. The order of impoundment or immobilization must 270 
include the names and telephone numbers of all immobilization 271 
agencies meeting all of the conditions of s. 316.193(13). Within 272 
7 business days after the date that the court issues the order 273 
of impoundment or immobilization, the clerk of the court must 274 
send notice by certified mail, return receipt requested, to the 275     
 
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registered owner of the vehicle, if the registered owner is a 276 
person other than the defendant, and to each person of record 277 
claiming a lien against the vehicle. 278 
 2.  The owner of the vehicle may request the court to 279 
dismiss the order. The court must dismiss the order, and the 280 
owner of the vehicle will incur no costs, if the owner of the 281 
vehicle alleges and the court finds to be true any of the 282 
following: 283 
 a.  The owner's family has no other private or public means 284 
of transportation; 285 
 b.  The vehicle was stolen at the time of the offense; 286 
 c.  The owner purchased the vehicle after the offen se was 287 
committed, and the sale was not made to circumvent the order and 288 
allow the defendant continued access to the vehicle; or 289 
 d.  The vehicle is owned by the defendant but is operated 290 
solely by employees of the defendant or employees of a business 291 
owned by the defendant. 292 
 3.  If the court denies the request to dismiss the order, 293 
the petitioner may request an evidentiary hearing. If, at the 294 
evidentiary hearing, the court finds to be true any of the 295 
circumstances described in subparagraph 2. sub-subparagraphs 296 
(d)2.a.-d., the court must dismiss the order and the owner of 297 
the vehicle will incur no costs. 298 
 (6)  A person who violates paragraph (2)(f) shall be 299 
assessed a civil penalty of $5,000 if the violation results in 300     
 
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any judicial disposition o ther than acquittal or dismissal. Of 301 
the proceeds from each penalty assessed under this subsection, 302 
the first $500 shall be paid to the circuit court administrator 303 
for the sole purpose of paying the administrative costs of 304 
treatment-based drug court progra ms provided under s. 397.334. 305 
The remainder of the penalty assessed shall be deposited in the 306 
Operations and Maintenance Trust Fund of the Department of 307 
Children and Families for the sole purpose of funding safe 308 
houses and safe foster homes as provided in s. 409.1678. 309 
 (7)  If the place, structure, building, or conveyance that 310 
is owned, established, maintained, or operated in violation of 311 
paragraph (2)(a) is a massage establishment that is or should be 312 
licensed under s. 480.043, the offense shall be reclass ified to 313 
the next higher degree as follows: 314 
 (a)  A misdemeanor of the second degree for a first 315 
violation is reclassified as a misdemeanor of the first degree, 316 
punishable as provided in s. 775.082 or s. 775.083. 317 
 (b)  A misdemeanor of the first degree for a second 318 
violation is reclassified as a felony of the third degree, 319 
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 320 
 (c)  A felony of the third degree for a third or subsequent 321 
violation is reclassified as a felony of the second degree, 322 
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 323 
 (8)(a)  A judicial circuit may establish an educational 324 
program for persons convicted of or charged with a violation of 325     
 
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paragraph (2)(f), to include education on: 326 
 1.  The relationship betwee n demand for commercial sex and 327 
human trafficking. 328 
 2.  The impact of human trafficking on victims. 329 
 3.  Coercion, consent, and sexual violence. 330 
 4.  The health and legal consequences of commercial sex. 331 
 5.  The negative impact of commercial sex on prostit uted 332 
persons and the community. 333 
 6.  The reasons and motivations for engaging in 334 
prostitution. 335 
 (b)  An educational program may include a program offered 336 
by a faith-based provider. 337 
 Section 6.  Paragraph (b) of subsection (4) of section 338 
397.4073, Florida Statutes, is amended to read: 339 
 397.4073  Background checks of service provider personnel. — 340 
 (4)  EXEMPTIONS FROM DISQUALIFICATION. — 341 
 (b)  For service providers that treat adolescents 13 years 342 
of age and older, service provider personnel whose background 343 
checks indicate crimes under s. 796.031(1), former s. 344 
796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s. 817.563, s. 345 
831.01, s. 831.02, s . 893.13, or s. 893.147, and any related 346 
criminal attempt, solicitation, or conspiracy under s. 777.04: 347 
 1.  Shall be exempted from disqualification from employment 348 
for such offenses pursuant to this paragraph if: 349 
 a.  At least 5 years, or at least 3 years in the case of an 350     
 
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individual seeking certification as a peer specialist under s. 351 
397.417, have elapsed since the applicant requesting an 352 
exemption has completed or has been lawfully released from any 353 
confinement, supervision, or nonmonetary condition impo sed by a 354 
court for the applicant's most recent disqualifying offense 355 
under this paragraph. 356 
 b.  The applicant for an exemption has not been arrested 357 
for any offense during the 5 years, or 3 years in the case of a 358 
peer specialist, before the request for exe mption. 359 
 2.  May be exempted from disqualification from employment 360 
for such offenses without a waiting period as provided under s. 361 
435.07(2).  362 
 Section 7.  Subsection (5) of section 60.05, Florida 363 
Statutes, is amended to read: 364 
 60.05  Abatement of nuisan ces.— 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     
 
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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 b een 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 th e abatement of the nuisance. 382 
 Section 8.  Subsection (7) of section 322.28, Florida 383 
Statutes, is amended to read: 384 
 322.28  Period 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 person's driver license or driving 390 
privilege, effective upon the date of the dispositio n, 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 9.  Paragraph (e) of subsection (4) of section 394 
397.417, Florida Statutes, is amended to read: 395 
 397.417  Peer specialists. — 396 
 (4)  BACKGROUND SCREENING. — 397 
 (e)  The background screening conducted under this 398 
subsection must ensure that a peer specialist has not been 399 
arrested for and is awaiting final disposition of, found guilty 400     
 
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of, regardless of adjudication, or entered a plea of nolo 401 
contendere or guilty to, or been adjudicated delinquent and the 402 
record has not been sealed or expunged for, any offense 403 
prohibited under any of the following state laws or similar laws 404 
of another jurisdiction: 405 
 1.  Section 393.135, relating to sexual misc onduct with 406 
certain developmentally disabled clients and reporting of such 407 
sexual misconduct. 408 
 2.  Section 394.4593, relating to sexual misconduct with 409 
certain mental health patients and reporting of such sexual 410 
misconduct. 411 
 3.  Section 409.920, relating t o Medicaid provider fraud, 412 
if the offense was a felony of the first or second degree. 413 
 4.  Section 415.111, relating to abuse, neglect, or 414 
exploitation of vulnerable adults. 415 
 5.  Any offense that constitutes domestic violence as 416 
defined in s. 741.28. 417 
 6.  Section 777.04, relating to attempts, solicitation, and 418 
conspiracy to commit an offense listed in this paragraph. 419 
 7.  Section 782.04, relating to murder. 420 
 8.  Section 782.07, relating to manslaughter; aggravated 421 
manslaughter of an elderly person or a disa bled adult; 422 
aggravated manslaughter of a child; or aggravated manslaughter 423 
of an officer, a firefighter, an emergency medical technician, 424 
or a paramedic. 425     
 
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 9.  Section 782.071, relating to vehicular homicide. 426 
 10.  Section 782.09, relating to killing an unb orn child by 427 
injury to the mother. 428 
 11.  Chapter 784, relating to assault, battery, and 429 
culpable negligence, if the offense was a felony. 430 
 12.  Section 787.01, relating to kidnapping. 431 
 13.  Section 787.02, relating to false imprisonment. 432 
 14.  Section 787.025, relating to luring or enticing a 433 
child. 434 
 15.  Section 787.04(2), relating to leading, taking, 435 
enticing, or removing a minor beyond state limits, or concealing 436 
the location of a minor, with criminal intent pending custody 437 
proceedings. 438 
 16.  Section 787.04(3), relating to leading, taking, 439 
enticing, or removing a minor beyond state limits, or concealing 440 
the location of a minor, with criminal intent pending dependency 441 
proceedings or proceedings concerning alleged abuse or neglect 442 
of a minor. 443 
 17.  Section 790.115(1), relating to exhibiting firearms or 444 
weapons within 1,000 feet of a school. 445 
 18.  Section 790.115(2)(b), relating to possessing an 446 
electric weapon or device, a destructive device, or any other 447 
weapon on school property. 448 
 19.  Section 794.011, relating to sexual battery. 449 
 20.  Former s. 794.041, relating to prohibited acts of 450     
 
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persons in familial or custodial authority. 451 
 21.  Section 794.05, relating to unlawful sexual activity 452 
with certain minors. 453 
 22.  Section 794.08, relating to female genita l mutilation. 454 
 23.  Section 796.07, relating to providing, or offering to 455 
provide, something of value in exchange for sexual activity 456 
procuring another to commit prostitution , except for those 457 
offenses expunged pursuant to s. 943.0583. 458 
 24.  Section 798.02, relating to lewd and lascivious 459 
behavior. 460 
 25.  Chapter 800, relating to lewdness and indecent 461 
exposure. 462 
 26.  Section 806.01, relating to arson. 463 
 27.  Section 810.02, relating to burglary, if the offense 464 
was a felony of the first degree. 465 
 28.  Section 810.14, relating to voyeurism, if the offense 466 
was a felony. 467 
 29.  Section 810.145, relating to digital voyeurism, if the 468 
offense was a felony. 469 
 30.  Section 812.13, relating to robbery. 470 
 31.  Section 812.131, relating to robbery by sudden 471 
snatching. 472 
 32.  Section 812.133, relating to carjacking. 473 
 33.  Section 812.135, relating to home -invasion robbery. 474 
 34.  Section 817.034, relating to communications fraud, if 475     
 
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the offense was a felony of the first degree. 476 
 35.  Section 817.234, relating to false and fraudul ent 477 
insurance claims, if the offense was a felony of the first or 478 
second degree. 479 
 36.  Section 817.50, relating to fraudulently obtaining 480 
goods or services from a health care provider and false reports 481 
of a communicable disease. 482 
 37.  Section 817.505, rela ting to patient brokering. 483 
 38.  Section 817.568, relating to fraudulent use of 484 
personal identification, if the offense was a felony of the 485 
first or second degree. 486 
 39.  Section 825.102, relating to abuse, aggravated abuse, 487 
or neglect of an elderly person or a disabled adult. 488 
 40.  Section 825.1025, relating to lewd or lascivious 489 
offenses committed upon or in the presence of an elderly person 490 
or a disabled person. 491 
 41.  Section 825.103, relating to exploitation of an 492 
elderly person or a disabled adult, if t he offense was a felony. 493 
 42.  Section 826.04, relating to incest. 494 
 43.  Section 827.03, relating to child abuse, aggravated 495 
child abuse, or neglect of a child. 496 
 44.  Section 827.04, relating to contributing to the 497 
delinquency or dependency of a child. 498 
 45.  Former s. 827.05, relating to negligent treatment of 499 
children. 500     
 
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 46.  Section 827.071, relating to sexual performance by a 501 
child. 502 
 47.  Section 831.30, relating to fraud in obtaining 503 
medicinal drugs. 504 
 48.  Section 831.31, relating to the sale; manufact ure; 505 
delivery; or possession with intent to sell, manufacture, or 506 
deliver of any counterfeit controlled substance, if the offense 507 
was a felony. 508 
 49.  Section 843.01, relating to resisting arrest with 509 
violence. 510 
 50.  Section 843.025, relating to depriving a law 511 
enforcement, correctional, or correctional probation officer of 512 
the means of protection or communication. 513 
 51.  Section 843.12, relating to aiding in an escape. 514 
 52.  Section 843.13, relating to aiding in the escape of 515 
juvenile inmates of correctional institutions. 516 
 53.  Chapter 847, relating to obscenity. 517 
 54.  Section 874.05, relating to encouraging or recruiting 518 
another to join a criminal gang. 519 
 55.  Chapter 893, relating to drug abuse prevention and 520 
control, if the offense was a felony of the secon d degree or 521 
greater severity. 522 
 56.  Section 895.03, relating to racketeering and 523 
collection of unlawful debts. 524 
 57.  Section 896.101, relating to the Florida Money 525     
 
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Laundering Act. 526 
 58.  Section 916.1075, relating to sexual misconduct with 527 
certain forensic clients and reporting of such sexual 528 
misconduct. 529 
 59.  Section 944.35(3), relating to inflicting cruel or 530 
inhuman treatment on an inmate resulting in great bodily harm. 531 
 60.  Section 944.40, relating to escape. 532 
 61.  Section 944.46, relating to harboring, concealing, or 533 
aiding an escaped prisoner. 534 
 62.  Section 944.47, relating to introduction of contraband 535 
into a correctional institution. 536 
 63.  Section 985.701, relating to sexual misconduct in 537 
juvenile justice programs. 538 
 64.  Section 985.711, relating to i ntroduction of 539 
contraband into a detention facility. 540 
 Section 10.  Paragraph (b) of subsection (4) of section 541 
420.6241, Florida Statutes, is amended to read: 542 
 420.6241  Persons with lived experience. — 543 
 (4)  BACKGROUND SCREENING. — 544 
 (b)  The background scr eening conducted under this 545 
subsection must ensure that the qualified applicant has not been 546 
arrested for and is not awaiting final disposition of, has not 547 
been found guilty of, regardless of adjudication, or entered a 548 
plea of nolo contendere or guilty to, or has not been 549 
adjudicated delinquent and the record has been sealed or 550     
 
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expunged for, any offense prohibited under any of the following 551 
state laws or similar laws of another jurisdiction: 552 
 1.  Section 393.135, relating to sexual misconduct with 553 
certain developmentally disabled clients and reporting of such 554 
sexual misconduct. 555 
 2.  Section 394.4593, relating to sexual misconduct with 556 
certain mental health patients and reporting of such sexual 557 
misconduct. 558 
 3.  Section 409.920, relating to Medicaid provider fraud, 559 
if the offense is a felony of the first or second degree. 560 
 4.  Section 415.111, relating to criminal penalties for 561 
abuse, neglect, or exploitation of vulnerable adults. 562 
 5.  Any offense that constitutes domestic violence, as 563 
defined in s. 741.28. 564 
 6.  Section 777.04, relating to attempts, solicitation, and 565 
conspiracy to commit an offense listed in this paragraph. 566 
 7.  Section 782.04, relating to murder. 567 
 8.  Section 782.07, relating to manslaughter, aggravated 568 
manslaughter of an elderly person or a d isabled adult, 569 
aggravated manslaughter of a child, or aggravated manslaughter 570 
of an officer, a firefighter, an emergency medical technician, 571 
or a paramedic. 572 
 9.  Section 782.071, relating to vehicular homicide. 573 
 10.  Section 782.09, relating to killing of an unborn child 574 
by injury to the mother. 575     
 
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 11.  Chapter 784, relating to assault, battery, and 576 
culpable negligence, if the offense is a felony. 577 
 12.  Section 787.01, relating to kidnapping. 578 
 13.  Section 787.02, relating to false imprisonment. 579 
 14.  Section 787.025, relating to luring or enticing a 580 
child. 581 
 15.  Section 787.04(2), relating to leading, taking, 582 
enticing, or removing a minor beyond the state limits, or 583 
concealing the location of a minor, with criminal intent pending 584 
custody proceedings. 585 
 16.  Section 787.04(3), relating to leading, taking, 586 
enticing, or removing a minor beyond the state limits, or 587 
concealing the location of a minor, with criminal intent pending 588 
dependency proceedings or proceedings concerning alleged abuse 589 
or neglect of a minor. 590 
 17.  Section 790.115(1), relating to exhibiting firearms or 591 
weapons within 1,000 feet of a school. 592 
 18.  Section 790.115(2)(b), relating to possessing an 593 
electric weapon or device, a destructive device, or any other 594 
weapon on school property. 595 
 19.  Section 794.011, relating to sexual battery. 596 
 20.  Former s. 794.041, relating to prohibited acts of 597 
persons in familial or custodial authority. 598 
 21.  Section 794.05, relating to unlawful sexual activity 599 
with certain minors. 600     
 
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 22.  Section 794.08, relating to fema le genital mutilation. 601 
 23.  Former s. Section 796.07, relating to procuring 602 
another to commit prostitution, except for those offenses 603 
expunged pursuant to s. 943.0583. 604 
 24.  Section 798.02, relating to lewd and lascivious 605 
behavior. 606 
 25.  Chapter 800, rela ting to lewdness and indecent 607 
exposure. 608 
 26.  Section 806.01, relating to arson. 609 
 27.  Section 810.02, relating to burglary, if the offense 610 
is a felony of the first degree. 611 
 28.  Section 810.14, relating to voyeurism, if the offense 612 
is a felony. 613 
 29.  Section 810.145, relating to video voyeurism, if the 614 
offense is a felony. 615 
 30.  Section 812.13, relating to robbery. 616 
 31.  Section 812.131, relating to robbery by sudden 617 
snatching. 618 
 32.  Section 812.133, relating to carjacking. 619 
 33.  Section 812.135, relating to home-invasion robbery. 620 
 34.  Section 817.034, relating to communications fraud, if 621 
the offense is a felony of the first degree. 622 
 35.  Section 817.234, relating to false and fraudulent 623 
insurance claims, if the offense is a felony of the first or 624 
second degree. 625     
 
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 36.  Section 817.50, relating to fraudulently obtaining 626 
goods or services from a health care provider and false reports 627 
of a communicable disease. 628 
 37.  Section 817.505, relating to patient brokering. 629 
 38.  Section 817.568, relating to fraudulent u se of 630 
personal identification, if the offense is a felony of the first 631 
or second degree. 632 
 39.  Section 825.102, relating to abuse, aggravated abuse, 633 
or neglect of an elderly person or a disabled adult. 634 
 40.  Section 825.1025, relating to lewd or lascivious 635 
offenses committed upon or in the presence of an elderly person 636 
or a disabled person. 637 
 41.  Section 825.103, relating to exploitation of an 638 
elderly person or a disabled adult, if the offense is a felony. 639 
 42.  Section 826.04, relating to incest. 640 
 43.  Section 827.03, relating to child abuse, aggravated 641 
child abuse, or neglect of a child. 642 
 44.  Section 827.04, relating to contributing to the 643 
delinquency or dependency of a child. 644 
 45.  Former s. 827.05, relating to negligent treatment of 645 
children. 646 
 46.  Section 827.071, relating to sexual performance by a 647 
child. 648 
 47.  Section 831.30, relating to fraud in obtaining 649 
medicinal drugs. 650     
 
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 48.  Section 831.31, relating to the sale, manufacture, 651 
delivery, or possession with intent to sell, manufacture, or 652 
deliver any counterfeit controlled substance, if the offense is 653 
a felony. 654 
 49.  Section 843.01, relating to resisting arrest with 655 
violence. 656 
 50.  Section 843.025, relating to depriving a law 657 
enforcement, correctional, or correctional probation officer of 658 
the means of protection or communication. 659 
 51.  Section 843.12, relating to aiding in an escape. 660 
 52.  Section 843.13, relating to aiding in the escape of 661 
juvenile inmates of correctional institutions. 662 
 53.  Chapter 847, relating to obscenity. 663 
 54.  Section 874.05, rel ating to encouraging or recruiting 664 
another to join a criminal gang. 665 
 55.  Chapter 893, relating to drug abuse prevention and 666 
control, if the offense is a felony of the second degree or 667 
greater severity. 668 
 56.  Section 895.03, relating to racketeering and 669 
collection of unlawful debts. 670 
 57.  Section 896.101, relating to the Florida Money 671 
Laundering Act. 672 
 58.  Section 916.1075, relating to sexual misconduct with 673 
certain forensic clients and reporting of such sexual 674 
misconduct. 675     
 
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 59.  Section 944.35(3), relating to inflicting cruel or 676 
inhuman treatment on an inmate, resulting in great bodily harm. 677 
 60.  Section 944.40, relating to escape. 678 
 61.  Section 944.46, relating to harboring, concealing, or 679 
aiding an escaped prisoner. 680 
 62.  Section 944.47, relating to introduction of contraband 681 
into a correctional institution. 682 
 63.  Section 985.701, relating to sexual misconduct in 683 
juvenile justice programs. 684 
 64.  Section 985.711, relating to introduction of 685 
contraband into a detention facility. 686 
 Section 11.  Subsecti on (2) of section 435.07, Florida 687 
Statutes, is amended to read: 688 
 435.07  Exemptions from disqualification. —Unless otherwise 689 
provided by law, the provisions of this section apply to 690 
exemptions from disqualification for disqualifying offenses 691 
revealed pursuant to background screenings required under this 692 
chapter, regardless of whether those disqualifying offenses are 693 
listed in this chapter or other laws. 694 
 (2)  Persons employed, or applicants for employment, by 695 
treatment providers who treat adolescents 13 year s of age and 696 
older who are disqualified from employment solely because of 697 
crimes under s. 796.031, s. 796.07(1) s. 796.07(2)(e), s. 698 
810.02(4), s. 812.014(2)(c), s. 817.563, s. 831.01, s. 831.02, 699 
s. 893.13, or s. 893.147, or any related criminal attempt, 700     
 
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solicitation, or conspiracy under s. 777.04, may be exempted 701 
from disqualification from employment pursuant to this chapter 702 
without application of the waiting period in subparagraph 703 
(1)(a)1. 704 
 Section 12.  Subsection (4) and paragraphs (o) and (q) of 705 
subsection (5) of section 456.074, Florida Statutes, are amended 706 
to read: 707 
 456.074  Certain health care practitioners; immediate 708 
suspension of license. — 709 
 (4)  The department shall issue an emergency order 710 
suspending the license of a massage therapist and establi shment 711 
as those terms are defined in chapter 480 upon receipt of 712 
information that the massage therapist; the designated 713 
establishment manager as defined in chapter 480; an employee of 714 
the establishment; a person with an ownership interest in the 715 
establishment; or, for a corporation that has more than $250,000 716 
of business assets in this state, the owner, officer, or 717 
individual directly involved in the management of the 718 
establishment has been arrested for committing or attempting, 719 
soliciting, or conspiring to commit, or convicted or found 720 
guilty of, or has entered a plea of guilty or nolo contendere 721 
to, regardless of adjudication, a violation of s. 796.06(1) that 722 
is reclassified under s. 796.06(4) s. 796.07 or a felony offense 723 
under any of the following provis ions of state law or a similar 724 
provision in another jurisdiction: 725     
 
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 (a)  Section 787.01, relating to kidnapping. 726 
 (b)  Section 787.02, relating to false imprisonment. 727 
 (c)  Section 787.025, relating to luring or enticing a 728 
child. 729 
 (d)  Section 787.06, relat ing to human trafficking. 730 
 (e)  Section 787.07, relating to human smuggling. 731 
 (f)  Section 794.011, relating to sexual battery. 732 
 (g)  Section 794.08, relating to female genital mutilation. 733 
 (h)  Former s. 796.03, relating to procuring a person under 734 
the age of 18 for prostitution. 735 
 (i)  Former s. 796.035, relating to the selling or buying 736 
of minors into prostitution. 737 
 (j)  Former s. 796.04 section 796.04, relating to forcing, 738 
compelling, or coercing another to become a prostitute. 739 
 (k)  Section 796.05, relating to deriving support from the 740 
proceeds of prostitution. 741 
 (l)  Section 796.07(3)(a)3. Section 796.07(4)(a)3. , 742 
relating to a felony of the first third degree for a third or 743 
subsequent violation of s. 796.07, relating to prohibiting 744 
prostitution and related acts. 745 
 (m)  Section 800.04, relating to lewd or lascivious 746 
offenses committed upon or in the presence of persons less than 747 
16 years of age. 748 
 (n)  Section 825.1025(2)(b), relating to lewd or lascivious 749 
offenses committed upon or in the presence of an elderly or 750     
 
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disabled person. 751 
 (o)  Section 827.071, relating to sexual performance by a 752 
child. 753 
 (p)  Section 847.0133, relating to the protection of 754 
minors. 755 
 (q)  Section 847.0135, relating to computer pornography. 756 
 (r)  Section 847.0138, relating to the t ransmission of 757 
material harmful to minors to a minor by electronic device or 758 
equipment. 759 
 (s)  Section 847.0145, relating to the selling or buying of 760 
minors. 761 
 (5)  The department shall issue an emergency order 762 
suspending the license of any health care practitioner who is 763 
arrested for committing or attempting, soliciting, or conspiring 764 
to commit any act that would constitute a violation of any of 765 
the following criminal offenses in this state or similar 766 
offenses in another jurisdiction: 767 
 (o)  Former s. 796.04 section 796.04, relating to forcing, 768 
compelling, or coercing another to become a prostitute. 769 
 (q)  Section 796.07(3)(a)3. Section 796.07(4)(a)3. , 770 
relating to a felony of the first third degree for a third or 771 
subsequent violation of s. 796.07, relating to prohibiting 772 
prostitution and related acts. 773 
 Section 13.  Subsection (6) of section 480.041, Florida 774 
Statutes, is amended to read: 775     
 
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 480.041  Massage therapists; qualifications; licensure; 776 
endorsement.— 777 
 (6)  The board shall deny an application for a n ew or 778 
renewal license if an applicant has been convicted or found 779 
guilty of, or enters a plea of guilty or nolo contendere to, 780 
regardless of adjudication, a violation of s. 796.06(1) s. 781 
796.07(2)(a) which is reclassified under s. 796.06(4) s. 782 
796.07(7) or a felony offense under any of the following 783 
provisions of state law or a similar provision in another 784 
jurisdiction: 785 
 (a)  Section 787.01, relating to kidnapping. 786 
 (b)  Section 787.02, relating to false imprisonment. 787 
 (c)  Section 787.025, relating to lurin g or enticing a 788 
child. 789 
 (d)  Section 787.06, relating to human trafficking. 790 
 (e)  Section 787.07, relating to human smuggling. 791 
 (f)  Section 794.011, relating to sexual battery. 792 
 (g)  Section 794.08, relating to female genital mutilation. 793 
 (h)  Former s. 796.03, relating to procuring a person under 794 
the age of 18 for prostitution. 795 
 (i)  Former s. 796.035, relating to the selling or buying 796 
of minors into prostitution. 797 
 (j)  Former s. 796.04 section 796.04, relating to forcing, 798 
compelling, or coercing another to become a prostitute. 799 
 (k)  Section 796.05, relating to deriving support from the 800     
 
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proceeds of prostitution. 801 
 (l)  Section 796.07(3)(a)3. Section 796.07(4)(a)3. , 802 
relating to a felony of the first third degree for a third or 803 
subsequent violation of s. 796. 07, relating to prohibiting 804 
prostitution and related acts. 805 
 (m)  Section 800.04, relating to lewd or lascivious 806 
offenses committed upon or in the presence of persons less than 807 
16 years of age. 808 
 (n)  Section 825.1025(2)(b), relating to lewd or lascivious 809 
offenses committed upon or in the presence of an elderly or 810 
disabled person. 811 
 (o)  Section 827.071, relating to sexual performance by a 812 
child. 813 
 (p)  Section 847.0133, relating to the protection of 814 
minors. 815 
 (q)  Section 847.0135, relating to computer pornogra phy. 816 
 (r)  Section 847.0138, relating to the transmission of 817 
material harmful to minors to a minor by electronic device or 818 
equipment. 819 
 (s)  Section 847.0145, relating to the selling or buying of 820 
minors. 821 
 Section 14.  Subsection (8) of section 480.043, Fl orida 822 
Statutes, is amended to read: 823 
 480.043  Massage establishments; requisites; licensure; 824 
inspection; human trafficking awareness training and policies. — 825     
 
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 (8)  The department shall deny an application for a new or 826 
renewal license if an establishment own er or a designated 827 
establishment manager or, for a corporation that has more than 828 
$250,000 of business assets in this state, an establishment 829 
owner, a designated establishment manager, or any individual 830 
directly involved in the management of the establishm ent has 831 
been convicted of or entered a plea of guilty or nolo contendere 832 
to any misdemeanor or felony crime, regardless of adjudication, 833 
related to prostitution or related acts as described in s. 834 
796.031, s. 796.06, or s. 796.07 or a felony offense under a ny 835 
of the following provisions of state law or a similar provision 836 
in another jurisdiction: 837 
 (a)  Section 787.01, relating to kidnapping. 838 
 (b)  Section 787.02, relating to false imprisonment. 839 
 (c)  Section 787.025, relating to luring or enticing a 840 
child. 841 
 (d)  Section 787.06, relating to human trafficking. 842 
 (e)  Section 787.07, relating to human smuggling. 843 
 (f)  Section 794.011, relating to sexual battery. 844 
 (g)  Section 794.08, relating to female genital mutilation. 845 
 (h)  Former s. 796.03, relating to procu ring a person under 846 
the age of 18 for prostitution. 847 
 (i)  Former s. 796.035, relating to selling or buying of 848 
minors into prostitution. 849 
 (j)  Former s. 796.04 section 796.04, relating to forcing, 850     
 
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compelling, or coercing another to become a prostitute. 851 
 (k) Section 796.05, relating to deriving support from the 852 
proceeds of prostitution. 853 
 (l)  Section 800.04, relating to lewd or lascivious 854 
offenses committed upon or in the presence of persons less than 855 
16 years of age. 856 
 (m)  Section 825.1025(2)(b), relating t o lewd or lascivious 857 
offenses committed upon or in the presence of an elderly or 858 
disabled person. 859 
 (n)  Section 827.071, relating to sexual performance by a 860 
child. 861 
 (o)  Section 847.0133, relating to the protection of 862 
minors. 863 
 (p)  Section 847.0135, relati ng to computer pornography. 864 
 (q)  Section 847.0138, relating to the transmission of 865 
material harmful to minors to a minor by electronic device or 866 
equipment. 867 
 (r)  Section 847.0145, relating to the selling or buying of 868 
minors. 869 
 Section 15.  Paragraph (c) of subsection (3) of section 870 
480.046, Florida Statutes, is amended to read: 871 
 480.046  Grounds for disciplinary action by the board. — 872 
 (3)  The board shall revoke or suspend the license of a 873 
massage establishment licensed under this act, or deny 874 
subsequent licensure of such an establishment, if any of the 875     
 
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following occurs: 876 
 (c)  The establishment owner, the designated establishment 877 
manager, or any individual providing massage therapy services 878 
for the establishment has had the entry in any jurisdiction of: 879 
 1.  A final order or other disciplinary action taken for 880 
sexual misconduct involving prostitution; 881 
 2.  A final order or other disciplinary action taken for 882 
crimes related to the practice of massage therapy involving 883 
prostitution; or 884 
 3.  A conviction or a plea of guilty or nolo contendere to 885 
any misdemeanor or felony crime, regardless of adjudication, 886 
related to prostitution or related acts as described in s. 887 
796.031, s. 796.06, or s. 796.07. 888 
 Section 16.  Paragraph (a) of subsection (1) of section 889 
772.102, Florida Statutes, is amended to read: 890 
 772.102  Definitions. —As used in this chapter, the term: 891 
 (1)  "Criminal activity" means to commit, to attempt to 892 
commit, to conspire to commit, or to solicit, coerce, or 893 
intimidate another person to commit: 894 
 (a)  Any crime that is chargeable by indictment or 895 
information under the following provisions: 896 
 1.  Section 210.18, relating to evasion of payment of 897 
cigarette taxes. 898 
 2.  Section 414.39, relating to public assistance fraud. 899 
 3.  Section 440.105 or s. 440.106, relating to workers' 900     
 
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compensation. 901 
 4.  Part IV of chapter 501, relating to telemarketing. 902 
 5.  Chapter 517, relating to securities transactions. 903 
 6.  Section 550.235 or s. 550.3551, relating to dogracing 904 
and horseracing. 905 
 7.  Chapter 550, relating to jai alai frontons. 906 
 8.  Chapter 552, relating to the manufacture, distribution, 907 
and use of explosives. 908 
 9.  Chapter 562, relating to beverage law enforcement. 909 
 10.  Section 624.401, relating to transacting insurance 910 
without a certificate of authority, s. 624.437(4)(c)1., relating 911 
to operating an unauthorized multiple -employer welfare 912 
arrangement, or s. 626.902(1)(b), relating to representing or 913 
aiding an unauthorized insurer. 914 
 11.  Chapter 687, relating to interest and usuriou s 915 
practices. 916 
 12.  Section 721.08, s. 721.09, or s. 721.13, relating to 917 
real estate timeshare plans. 918 
 13.  Chapter 782, relating to homicide. 919 
 14.  Chapter 784, relating to assault and battery. 920 
 15.  Chapter 787, relating to kidnapping or human 921 
trafficking. 922 
 16.  Chapter 790, relating to weapons and firearms. 923 
 17.  Former s. 796.03, s. 796.031, former s. 796.04, s. 924 
796.05, s. 796.06, or s. 796.07, relating to prostitution. 925     
 
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 18.  Chapter 806, relating to arson. 926 
 19.  Section 810.02(2)(c), relating to specifi ed burglary 927 
of a dwelling or structure. 928 
 20.  Chapter 812, relating to theft, robbery, and related 929 
crimes. 930 
 21.  Chapter 815, relating to computer -related crimes. 931 
 22.  Chapter 817, relating to fraudulent practices, false 932 
pretenses, fraud generally, and cr edit card crimes. 933 
 23.  Section 827.071, relating to commercial sexual 934 
exploitation of children. 935 
 24.  Chapter 831, relating to forgery and counterfeiting. 936 
 25.  Chapter 832, relating to issuance of worthless checks 937 
and drafts. 938 
 26.  Section 836.05, relati ng to extortion. 939 
 27.  Chapter 837, relating to perjury. 940 
 28.  Chapter 838, relating to bribery and misuse of public 941 
office. 942 
 29.  Chapter 843, relating to obstruction of justice. 943 
 30.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or 944 
s. 847.07, relating to obscene literature and profanity. 945 
 31.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 946 
849.25, relating to gambling. 947 
 32.  Chapter 893, relating to drug abuse prevention and 948 
control. 949 
 33.  Section 914.22 or s. 914.23, relating to witnesses, 950     
 
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victims, or informants. 951 
 34.  Section 918.12 or s. 918.13, relating to tampering 952 
with jurors and evidence. 953 
 Section 17.  Paragraph (a) of subsection (3) of section 954 
787.01, Florida Statutes, is amen ded to read: 955 
 787.01  Kidnapping; kidnapping of child under age 13, 956 
aggravating circumstances. — 957 
 (3)(a)  A person who commits the offense of kidnapping upon 958 
a child under the age of 13 and who, in the course of committing 959 
the offense, commits one or more o f the following: 960 
 1.  Aggravated child abuse, as defined in s. 827.03; 961 
 2.  Sexual battery, as defined in chapter 794, against the 962 
child; 963 
 3.  Lewd or lascivious battery, lewd or lascivious 964 
molestation, lewd or lascivious conduct, or lewd or lascivious 965 
exhibition, in violation of s. 800.04 or s. 847.0135(5); 966 
 4.  A violation of former s. 796.03 or former s. 796.04, 967 
relating to prostitution, upon the child; 968 
 5.  Exploitation of the child or allowing the child to be 969 
exploited, in violation of s. 450.151; or 970 
 6.  A violation of s. 787.06(3)(g), relating to human 971 
trafficking, 972 
 973 
commits a life felony, punishable as provided in s. 775.082, s. 974 
775.083, or s. 775.084. 975     
 
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 Section 18.  Paragraph (a) of subsection (3) of section 976 
787.02, Florida Statutes, is amended to read: 977 
 787.02  False imprisonment; false imprisonment of child 978 
under age 13, aggravating circumstances. — 979 
 (3)(a)  A person who commits the offense of false 980 
imprisonment upon a child under the age of 13 and who, in the 981 
course of committing the offense, comm its any offense enumerated 982 
in subparagraphs 1.-6. subparagraphs 1.-5., commits a felony of 983 
the first degree, punishable by imprisonment for a term of years 984 
not exceeding life or as provided in s. 775.082, s. 775.083, or 985 
s. 775.084. 986 
 1.  Aggravated child abuse, as defined in s. 827.03; 987 
 2.  Sexual battery, as defined in chapter 794, against the 988 
child; 989 
 3.  Lewd or lascivious battery, lewd or lascivious 990 
molestation, lewd or lascivious conduct, or lewd or lascivious 991 
exhibition, in violation of s. 800.04 or s . 847.0135(5); 992 
 4.  A violation of former s. 796.03 or former s. 796.04, 993 
relating to prostitution, upon the child; 994 
 5.  Exploitation of the child or allowing the child to be 995 
exploited, in violation of s. 450.151; or 996 
 6.  A violation of s. 787.06(3)(g) rela ting to human 997 
trafficking. 998 
 Section 19.  Subsection (1) of section 794.056, Florida 999 
Statutes, is amended to read: 1000     
 
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 794.056  Rape Crisis Program Trust Fund. — 1001 
 (1)  The Rape Crisis Program Trust Fund is created within 1002 
the Department of Health for the purpo se of providing funds for 1003 
rape crisis centers in this state. Trust fund moneys shall be 1004 
used exclusively for the purpose of providing services for 1005 
victims of sexual assault. Funds credited to the trust fund 1006 
consist of those funds collected as an additional court 1007 
assessment in each case in which a defendant pleads guilty or 1008 
nolo contendere to, or is found guilty of, regardless of 1009 
adjudication, an offense provided in s. 775.21(6) and (10)(a), 1010 
(b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 1011 
784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 1012 
784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s. 1013 
787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; 1014 
former s. 796.03; s.796.031, former s. 796.035; former s. 1015 
796.04; s. 796.05; s. 796.06; s. 796.07(1) s. 796.07(2)(a)-(d) 1016 
and (i); s. 800.03; s. 800.04; s. 810.14; s. 810.145; s. 1017 
812.135; s. 817.025; s. 825.102; s. 825.1025; s. 827.071; s. 1018 
836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s. 847.0145; 1019 
s. 943.0435(4)(c), (7), (8 ), (9)(a), (13), and (14)(c); or s. 1020 
985.701(1). Funds credited to the trust fund also shall include 1021 
revenues provided by law, moneys appropriated by the 1022 
Legislature, and grants from public or private entities. 1023 
 Section 20.  Subsection (3) of section 796. 08, Florida 1024 
Statutes, is amended to read: 1025     
 
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 796.08  Screening for HIV and sexually transmissible 1026 
diseases; providing penalties. — 1027 
 (3)  A person convicted under s. 796.07 of providing, or 1028 
offering to provide, something of value in exchange for sexual 1029 
activity prostitution or procuring another to commit 1030 
prostitution must undergo screening for a sexually transmissible 1031 
disease, including, but not limited to, screening to detect 1032 
exposure to the human immunodeficiency virus, under direction of 1033 
the Department of Health. If the person is infected, he or she 1034 
must submit to treatment and counseling prior to release from 1035 
probation, community control, or incarceration. Notwithstanding 1036 
the provisions of s. 384.29, the results of tests conducted 1037 
pursuant to this sub section shall be made available by the 1038 
Department of Health to the offender, medical personnel, 1039 
appropriate state agencies, state attorneys, and courts of 1040 
appropriate jurisdiction in need of such information in order to 1041 
enforce the provisions of this chapt er. 1042 
 Section 21.  Subsection (2) of section 796.09, Florida 1043 
Statutes, is amended to read: 1044 
 796.09  Coercion; civil cause of action; evidence; 1045 
defenses; attorney's fees. — 1046 
 (2)  As used in this section, the term "prostitution" has 1047 
the same meaning as in s. 796.011 s. 796.07. 1048 
 Section 22.  Paragraph (a) of subsection (2) of section 1049 
893.138, Florida Statutes, is amended to read: 1050     
 
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 893.138  Local administrative action to abate certain 1051 
activities declared public nuisances. — 1052 
 (2)  Any place or premises that has been used: 1053 
 (a)  On more than two occasions within a 6 -month period, as 1054 
the site of a violation of s. 796.06 or s. 796.07; 1055 
 1056 
may be declared to be a public nuisance, and such nuisance may 1057 
be abated pursuant to the procedures provided in this section. 1058 
 Section 23.  Paragraph (a) of subsection (8) of section 1059 
895.02, Florida Statutes, is amended to read: 1060 
 895.02  Definitions. —As used in ss. 895.01 -895.08, the 1061 
term: 1062 
 (8)  "Racketeering activity" means to commit, to attempt to 1063 
commit, to conspire to commit, or to solicit, coerce, or 1064 
intimidate another person to commit: 1065 
 (a)  Any crime that is chargeable by petition, indictment, 1066 
or information under the following provisions of the Florida 1067 
Statutes: 1068 
 1.  Section 210.18, relating to evasion of payment of 1069 
cigarette taxes. 1070 
 2.  Section 316.1935, relating to fleeing or attempting to 1071 
elude a law enforcement officer and aggravated fleeing or 1072 
eluding. 1073 
 3.  Chapter 379, relating to the illegal sale, purchase, 1074 
collection, harvest, capture, or possession of wild animal life , 1075     
 
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freshwater aquatic life, or marine life, and related crimes. 1076 
 4.  Section 403.727(3)(b), relating to environmental 1077 
control. 1078 
 5.  Section 409.920 or s. 409.9201, relating to Medicaid 1079 
fraud. 1080 
 6.  Section 414.39, relating to public assistance fraud. 1081 
 7.  Section 440.105 or s. 440.106, relating to workers' 1082 
compensation. 1083 
 8.  Section 443.071(4), relating to creation of a 1084 
fictitious employer scheme to commit reemployment assistance 1085 
fraud. 1086 
 9.  Section 465.0161, relating to distribution of medicinal 1087 
drugs without a permit as an Internet pharmacy. 1088 
 10.  Section 499.0051, relating to crimes involving 1089 
contraband, adulterated, or misbranded drugs. 1090 
 11.  Part IV of chapter 501, relating to telemarketing. 1091 
 12.  Chapter 517, relating to sale of securities and 1092 
investor protection. 1093 
 13.  Section 550.235 or s. 550.3551, relating to dogracing 1094 
and horseracing. 1095 
 14.  Chapter 550, relating to jai alai frontons. 1096 
 15.  Section 551.109, relating to slot machine gaming. 1097 
 16.  Chapter 552, relating to the manufacture, 1098 
distribution, and use of explosives. 1099 
 17.  Chapter 560, relating to money transmitters, if the 1100     
 
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violation is punishable as a felony. 1101 
 18.  Chapter 562, relating to beverage law enforcement. 1102 
 19.  Section 624.401, relating to transacting insurance 1103 
without a certificate of authority, s. 624.437(4)(c)1., relating 1104 
to operating an unauthorized multiple -employer welfare 1105 
arrangement, or s. 626.902(1)(b), relating to representing or 1106 
aiding an unauthorized insurer. 1107 
 20.  Section 655.50, relating to reports of currency 1108 
transactions, when such violation is punishable as a felony. 1109 
 21.  Chapter 687, relating to interest and usurious 1110 
practices. 1111 
 22.  Section 721.08, s. 721.09, or s. 721.13, relating to 1112 
real estate timeshare plans. 1113 
 23.  Section 775.13(5)(b), relating to registration of 1114 
persons found to have committed any offense for the purpose of 1115 
benefiting, promoting, or furthering the interests of a criminal 1116 
gang. 1117 
 24.  Section 777.03, relating to commission of crimes by 1118 
accessories after the fact. 1119 
 25.  Chapter 782, relating to homi cide. 1120 
 26.  Chapter 784, relating to assault and battery. 1121 
 27.  Chapter 787, relating to kidnapping, human smuggling, 1122 
or human trafficking. 1123 
 28.  Chapter 790, relating to weapons and firearms. 1124 
 29.  Chapter 794, relating to sexual battery, but only if 1125     
 
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such crime was committed with the intent to benefit, promote, or 1126 
further the interests of a criminal gang, or for the purpose of 1127 
increasing a criminal gang member's own standing or position 1128 
within a criminal gang. 1129 
 30.  Former s. 796.03, s. 796.031, former s. 796.035, 1130 
former s. 796.04, s. 796.05, s. 796.06, or s. 796.07, relating 1131 
to prostitution. 1132 
 31.  Chapter 806, relating to arson and criminal mischief. 1133 
 32.  Chapter 810, relating to burglary and trespass. 1134 
 33.  Chapter 812, relating to theft, robbery, and re lated 1135 
crimes. 1136 
 34.  Chapter 815, relating to computer -related crimes. 1137 
 35.  Chapter 817, relating to fraudulent practices, false 1138 
pretenses, fraud generally, credit card crimes, and patient 1139 
brokering. 1140 
 36.  Chapter 825, relating to abuse, neglect, or 1141 
exploitation of an elderly person or disabled adult. 1142 
 37.  Section 827.071, relating to commercial sexual 1143 
exploitation of children. 1144 
 38.  Section 828.122, relating to fighting or baiting 1145 
animals. 1146 
 39.  Chapter 831, relating to forgery and counterfeiting. 1147 
 40.  Chapter 832, relating to issuance of worthless checks 1148 
and drafts. 1149 
 41.  Section 836.05, relating to extortion. 1150     
 
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 42.  Chapter 837, relating to perjury. 1151 
 43.  Chapter 838, relating to bribery and misuse of public 1152 
office. 1153 
 44.  Chapter 843, relating to obstruc tion of justice. 1154 
 45.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or 1155 
s. 847.07, relating to obscene literature and profanity. 1156 
 46.  Chapter 849, relating to gambling, lottery, gambling 1157 
or gaming devices, slot machines, or any of the provisions 1158 
within that chapter. 1159 
 47.  Chapter 874, relating to criminal gangs. 1160 
 48.  Chapter 893, relating to drug abuse prevention and 1161 
control. 1162 
 49.  Chapter 896, relating to offenses related to financial 1163 
transactions. 1164 
 50.  Sections 914.22 and 914.23, relating to t ampering with 1165 
or harassing a witness, victim, or informant, and retaliation 1166 
against a witness, victim, or informant. 1167 
 51.  Sections 918.12 and 918.13, relating to tampering with 1168 
jurors and evidence. 1169 
 Section 24.  Section 938.085, Florida Statutes, is ame nded 1170 
to read: 1171 
 938.085  Additional cost to fund rape crisis centers. —In 1172 
addition to any sanction imposed when a person pleads guilty or 1173 
nolo contendere to, or is found guilty of, regardless of 1174 
adjudication, a violation of s. 775.21(6) and (10)(a), (b), and 1175     
 
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(g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045; 1176 
s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s. 1177 
784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s. 1178 
787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s. 1179 
796.03; s. 796.031, former s. 796.035; former s. 796.04; s. 1180 
796.05; s. 796.06; s. 796.07(1) s. 796.07(2)(a)-(d) and (i); s. 1181 
800.03; s. 800.04; s. 810.14; s. 810.145; s. 812.135; s. 1182 
817.025; s. 825.102; s. 825.1025; s. 827.071; s. 836.10; s. 1183 
847.0133; s. 847.0135 (2); s. 847.0137; s. 847.0145; s. 1184 
943.0435(4)(c), (7), (8), (9)(a), (13), and (14)(c); or s. 1185 
985.701(1), the court shall impose a surcharge of $151. Payment 1186 
of the surcharge shall be a condition of probation, community 1187 
control, or any other court -ordered supervision. The sum of $150 1188 
of the surcharge shall be deposited into the Rape Crisis Program 1189 
Trust Fund established within the Department of Health by 1190 
chapter 2003-140, Laws of Florida. The clerk of the court shall 1191 
retain $1 of each surcharge that the cler k of the court collects 1192 
as a service charge of the clerk's office. 1193 
 Section 25. This act shall take effect October 1, 2025. 1194