Florida Senate - 2025 CS for SB 1660 By the Committee on Criminal Justice; and Senator Grall 591-02832-25 20251660c1 1 A bill to be entitled 2 An act relating to prostitution and related acts; 3 creating s. 796.011, F.S.; defining terms; creating s. 4 796.031, F.S.; prohibiting adults from offering to 5 commit, committing, or engaging in prostitution, 6 lewdness, or assignation; providing that specified 7 testimony concerning reputation is admissible in 8 evidence in the trial of persons charged with certain 9 offenses; providing criminal penalties; requiring a 10 court to order that a person sentenced for certain 11 violations attend an educational program; authorizing 12 judicial circuits to establish certain educational 13 programs; repealing s. 796.04, F.S., relating to 14 forcing, compelling, or coercing another to become a 15 prostitute; amending s. 796.06, F.S.; prohibiting 16 persons from owning, establishing, maintaining, 17 operating, using, letting, or renting a building, 18 residence, place, or structure, in whole or in part, 19 or a trailer or any other conveyance, when such person 20 knows or should have known that it will be used for 21 the purpose of commercial sex; prohibiting the 22 receiving, or offering or agreeing to receive, a 23 person into a building, residence, place, or 24 structure, or a trailer or any other conveyance, for 25 the purpose of commercial sexual activity or to allow 26 a person to remain there for such purpose; providing 27 criminal penalties; providing enhanced criminal 28 penalties for second or subsequent violations; 29 providing that specified testimony concerning 30 reputation is admissible in evidence in the trial of 31 persons charged with certain offenses; requiring the 32 reclassification of offenses under specified 33 circumstances; amending s. 796.07, F.S.; deleting 34 definitions; prohibiting a person from providing, or 35 offering to provide, something of value in exchange 36 for sexual activity; deleting prohibited acts relating 37 to prostitution and related acts; deleting a provision 38 authorizing a police officer to testify under certain 39 circumstances; providing criminal penalties; providing 40 enhanced criminal penalties for second or subsequent 41 violations; deleting a requirement that a person 42 charged with a third or subsequent violation be 43 offered admission into certain programs; requiring a 44 court to order that certain defendants perform 45 community service, pay for and attend an educational 46 program, pay a civil penalty, and receive sexually 47 transmitted disease testing; providing requirements 48 for the proceeds of the civil penalty; deleting a 49 minimum mandatory period of incarceration for the 50 commission of a certain offense; conforming provisions 51 to changes made by the act; amending s. 921.0022, 52 F.S.; ranking on level 4 of the offense severity 53 ranking chart a second violation of prostitution or 54 related acts; amending ss. 60.05, 322.28, 397.4073, 55 397.417, 435.07, 456.074, 480.041, 480.043, 480.046, 56 772.102, 787.01, 787.02, 794.056, 796.08, 796.09, 57 893.138, 895.02, and 938.085, F.S.; conforming 58 provisions to changes made by the act; conforming 59 cross-references; providing an effective date. 60 61 Be It Enacted by the Legislature of the State of Florida: 62 63 Section 1.Section 796.011, Florida Statutes, is created to 64 read: 65 796.011Definitions.As used in this chapter, the term: 66 (1)Adult means an individual 18 years of age or older. 67 (2)Assignation means the making of any appointment or 68 engagement for prostitution or lewdness, or any act in 69 furtherance of such appointment or engagement. 70 (3)Commercial sex means engaging in sexual activity in 71 exchange for something of value. The term includes prostitution. 72 (4)Female genitals includes the labia minora, labia 73 majora, clitoris, vulva, hymen, and vagina. 74 (5)Lewdness means any indecent or obscene act. 75 (6)Prostitution means voluntarily engaging in, agreeing 76 to engage in, or offering to engage in commercial sex. 77 (7)Sexual activity means oral, anal, or female genital 78 penetration by, or union with, the sexual organ of another; anal 79 or female genital penetration of another by any other object; or 80 the handling or fondling of the sexual organ of another for the 81 purpose of masturbation. The term does not include acts done for 82 bona fide medical purposes. 83 Section 2.Section 796.031, Florida Statutes, is created to 84 read: 85 796.031Prostitution, lewdness, and assignation prohibited; 86 penalties. 87 (1)It is unlawful for an adult to offer to commit, to 88 commit, or to engage in prostitution, lewdness, or assignation. 89 (2)In the trial of a person charged with a violation of 90 this section, testimony concerning the reputation of any place, 91 structure, building, or conveyance involved in the charge; 92 testimony concerning the reputation of any person residing in, 93 operating, or frequenting such place, structure, building, or 94 conveyance; and testimony concerning the reputation of the 95 defendant is admissible in evidence in support of the charge. 96 (3)(a)A person who violates this section commits a 97 misdemeanor of the second degree, punishable as provided in s. 98 775.082 or s. 775.083. 99 (b)In addition to any other penalty imposed, the court 100 shall order a person sentenced for a violation of this section 101 to attend an educational program about the negative effects of 102 commercial sex and human trafficking. The educational program 103 may be offered by a secular or faith-based provider. 104 (c)A judicial circuit may establish an educational program 105 for persons convicted of or charged with a violation of this 106 section, to include education on: 107 1.The relationship between demand for commercial sex and 108 human trafficking; 109 2.The impact of human trafficking on victims; 110 3.Coercion, consent, and sexual violence; 111 4.The health and legal consequences of commercial sex; 112 5.The negative impact of commercial sex on prostituted 113 persons and the community; and 114 6.The reasons and motivations for engaging in 115 prostitution. 116 Section 3.Section 796.04, Florida Statutes, is repealed. 117 Section 4.Section 796.06, Florida Statutes, is amended to 118 read: 119 796.06Maintaining Renting space to be used for commercial 120 sex lewdness, assignation, or prostitution. 121 (1)It is unlawful for a person to: 122 (a)Own, establish, maintain, operate, use, let, or rent a 123 building, residence, any place, or structure, in whole or in or 124 part thereof, or a trailer or any other conveyance, when such 125 person knows, or should have known, with the knowledge that it 126 will be used for the purpose of commercial sex lewdness, 127 assignation, or prostitution. 128 (b)Receive, or to offer or agree to receive, a person into 129 a building, residence, place, or structure, or a trailer or any 130 other conveyance, for the purpose of commercial sex or to allow 131 a person to remain there for such purpose. 132 (2)A person who violates this section commits: 133 (a)A felony misdemeanor of the third first degree for a 134 first violation, punishable as provided in s. 775.082 or s. 135 775.083. 136 (b)A felony of the second third degree for a second or 137 subsequent violation, punishable as provided in s. 775.082, s. 138 775.083, or s. 775.084. 139 (3)In the trial of a person charged with a violation of 140 this section, testimony concerning the reputation of any place, 141 structure, building, or conveyance involved in the charge; 142 testimony concerning the reputation of any person residing in, 143 operating, or frequenting such place, structure, building, or 144 conveyance; and testimony concerning the reputation of the 145 defendant is admissible in evidence in support of the charge. 146 (4)If such building, residence, place, structure, or 147 trailer or any other conveyance that is owned, established, 148 maintained, or operated is a massage establishment that is or 149 should be licensed under s. 480.043, the offense must be 150 reclassified to the next higher degree, as follows: 151 (a)A felony of the third degree is reclassified as a 152 felony of the second degree, punishable as provided in s. 153 775.082, s. 775.083, or s. 775.084. 154 (b)A felony of the second degree is reclassified as a 155 felony of the first degree, punishable as provided in s. 156 775.082, s. 775.083, or s. 775.084. 157 Section 5.Section 796.07, Florida Statutes, is amended to 158 read: 159 796.07Prohibiting prostitution and related acts. 160 (1)As used in this section: 161 (a)Assignation means the making of any appointment or 162 engagement for prostitution or lewdness, or any act in 163 furtherance of such appointment or engagement. 164 (b)Female genitals includes the labia minora, labia 165 majora, clitoris, vulva, hymen, and vagina. 166 (c)Lewdness means any indecent or obscene act. 167 (d)Prostitution means the giving or receiving of the 168 body for sexual activity for hire but excludes sexual activity 169 between spouses. 170 (e)Sexual activity means oral, anal, or female genital 171 penetration by, or union with, the sexual organ of another; anal 172 or female genital penetration of another by any other object; or 173 the handling or fondling of the sexual organ of another for the 174 purpose of masturbation; however, the term does not include acts 175 done for bona fide medical purposes. 176 (2)It is unlawful for a person: 177 (a)to provide, or offer to provide, something of value in 178 exchange for sexual activity own, establish, maintain, or 179 operate any place, structure, building, or conveyance for the 180 purpose of lewdness, assignation, or prostitution. 181 (b)To offer, or to offer or agree to secure, another for 182 the purpose of prostitution or for any other lewd or indecent 183 act. 184 (c)To receive, or to offer or agree to receive, any person 185 into any place, structure, building, or conveyance for the 186 purpose of prostitution, lewdness, or assignation, or to permit 187 any person to remain there for such purpose. 188 (d)To direct, take, or transport, or to offer or agree to 189 direct, take, or transport, any person to any place, structure, 190 or building, or to any other person, with knowledge or 191 reasonable cause to believe that the purpose of such directing, 192 taking, or transporting is prostitution, lewdness, or 193 assignation. 194 (e)For a person 18 years of age or older to offer to 195 commit, or to commit, or to engage in, prostitution, lewdness, 196 or assignation. 197 (f)To solicit, induce, entice, or procure another to 198 commit prostitution, lewdness, or assignation. 199 (g)To reside in, enter, or remain in, any place, 200 structure, or building, or to enter or remain in any conveyance, 201 for the purpose of prostitution, lewdness, or assignation. 202 (h)To aid, abet, or participate in any of the acts or 203 things enumerated in this subsection. 204 (i)To purchase the services of any person engaged in 205 prostitution. 206 (2)(3)(a)In the trial of a person charged with a violation 207 of this section, testimony concerning the reputation of any 208 place, structure, building, or conveyance involved in the 209 charge, testimony concerning the reputation of any person 210 residing in, operating, or frequenting such place, structure, 211 building, or conveyance, and testimony concerning the reputation 212 of the defendant is admissible in evidence in support of the 213 charge. 214 (b)Notwithstanding any other provision of law, a police 215 officer may testify as an offended party in an action regarding 216 charges filed pursuant to this section. 217 (3)(a)(4)(a)A person who violates any provision of this 218 section, other than paragraph (2)(f), commits: 219 1.A felony misdemeanor of the third second degree for a 220 first violation, punishable as provided in s. 775.082 or s. 221 775.083. 222 2.A felony misdemeanor of the third first degree for a 223 second violation, punishable as provided in s. 775.082 or s. 224 775.083. 225 3.A felony of the second third degree for a third or 226 subsequent violation, punishable as provided in s. 775.082, s. 227 775.083, or s. 775.084. 228 (b)A person who is charged with a third or subsequent 229 violation of this section, other than paragraph (2)(f), shall be 230 offered admission to a pretrial intervention program or a 231 substance abuse treatment program as provided in s. 948.08. 232 (5)(a)A person who violates paragraph (2)(f) commits: 233 1.A misdemeanor of the first degree for a first violation, 234 punishable as provided in s. 775.082 or s. 775.083. 235 2.A felony of the third degree for a second violation, 236 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 237 3.A felony of the second degree for a third or subsequent 238 violation, punishable as provided in s. 775.082, s. 775.083, or 239 s. 775.084. 240 (b)In addition to any other penalty imposed, if a 241 violation of this section results in any judicial disposition 242 other than acquittal or dismissal, the court must shall order 243 the defendant a person convicted of a violation of paragraph 244 (2)(f) to: 245 1.Perform 100 hours of community service;. 246 2.Pay for and attend an educational program, which may be 247 offered by a secular or faith-based provider, on the negative 248 effects of commercial sexual activity; as described in 249 subsection (8), if such a program exists in the judicial circuit 250 in which the offender is sentenced 251 3.Pay a civil penalty of $5,000. Of the proceeds from each 252 penalty assessed under this subparagraph, the first $500 must be 253 paid to the circuit court administrator for the sole purpose of 254 paying the administrative costs of treatment-based drug court 255 programs provided under s. 397.334. The remainder of the penalty 256 assessed must be deposited in the Operations and Maintenance 257 Trust Fund of the Department of Children and Families for the 258 sole purpose of funding safe houses and safe foster homes as 259 provided in s. 409.1678; and 260 4.Receive sexually transmitted disease testing at a 261 recognized medical facility. 262 (c)A judicial circuit may establish an educational program 263 for persons convicted of or charged with a violation of this 264 section, to include education on: 265 1.The relationship between demand for commercial sex and 266 human trafficking; 267 2.The impact of human trafficking on victims; 268 3.Coercion, consent, and sexual violence; 269 4.The health and legal consequences of commercial sex; 270 5.The negative impact of commercial sex on prostituted 271 persons and the community; and 272 6.The reasons and motivations for engaging in prostitution 273 In addition to any other penalty imposed, the court shall 274 sentence a person convicted of a second or subsequent violation 275 of paragraph (2)(f) to a minimum mandatory period of 276 incarceration of 10 days. 277 (d)1.If a person who violates this section paragraph 278 (2)(f) uses a vehicle in the course of the violation, the judge, 279 upon the persons conviction, may issue an order for the 280 impoundment or immobilization of the vehicle for a period of up 281 to 60 days. The order of impoundment or immobilization must 282 include the names and telephone numbers of all immobilization 283 agencies meeting all of the conditions of s. 316.193(13). Within 284 7 business days after the date that the court issues the order 285 of impoundment or immobilization, the clerk of the court must 286 send notice by certified mail, return receipt requested, to the 287 registered owner of the vehicle, if the registered owner is a 288 person other than the defendant, and to each person of record 289 claiming a lien against the vehicle. 290 2.The owner of the vehicle may request the court to 291 dismiss the order. The court must dismiss the order, and the 292 owner of the vehicle will incur no costs, if the owner of the 293 vehicle alleges and the court finds to be true any of the 294 following: 295 a.The owners family has no other private or public means 296 of transportation; 297 b.The vehicle was stolen at the time of the offense; 298 c.The owner purchased the vehicle after the offense was 299 committed, and the sale was not made to circumvent the order and 300 allow the defendant continued access to the vehicle; or 301 d.The vehicle is owned by the defendant but is operated 302 solely by employees of the defendant or employees of a business 303 owned by the defendant. 304 3.If the court denies the request to dismiss the order, 305 the petitioner may request an evidentiary hearing. If, at the 306 evidentiary hearing, the court finds to be true any of the 307 circumstances described in sub-subparagraphs 2.a.-d. sub 308 subparagraphs (d)2.a.-d., the court must dismiss the order and 309 the owner of the vehicle will incur no costs. 310 (6)A person who violates paragraph (2)(f) shall be 311 assessed a civil penalty of $5,000 if the violation results in 312 any judicial disposition other than acquittal or dismissal. Of 313 the proceeds from each penalty assessed under this subsection, 314 the first $500 shall be paid to the circuit court administrator 315 for the sole purpose of paying the administrative costs of 316 treatment-based drug court programs provided under s. 397.334. 317 The remainder of the penalty assessed shall be deposited in the 318 Operations and Maintenance Trust Fund of the Department of 319 Children and Families for the sole purpose of funding safe 320 houses and safe foster homes as provided in s. 409.1678. 321 (7)If the place, structure, building, or conveyance that 322 is owned, established, maintained, or operated in violation of 323 paragraph (2)(a) is a massage establishment that is or should be 324 licensed under s. 480.043, the offense shall be reclassified to 325 the next higher degree as follows: 326 (a)A misdemeanor of the second degree for a first 327 violation is reclassified as a misdemeanor of the first degree, 328 punishable as provided in s. 775.082 or s. 775.083. 329 (b)A misdemeanor of the first degree for a second 330 violation is reclassified as a felony of the third degree, 331 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 332 (c)A felony of the third degree for a third or subsequent 333 violation is reclassified as a felony of the second degree, 334 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 335 (8)(a)A judicial circuit may establish an educational 336 program for persons convicted of or charged with a violation of 337 paragraph (2)(f), to include education on: 338 1.The relationship between demand for commercial sex and 339 human trafficking. 340 2.The impact of human trafficking on victims. 341 3.Coercion, consent, and sexual violence. 342 4.The health and legal consequences of commercial sex. 343 5.The negative impact of commercial sex on prostituted 344 persons and the community. 345 6.The reasons and motivations for engaging in 346 prostitution. 347 (b)An educational program may include a program offered by 348 a faith-based provider. 349 Section 6.Paragraph (d) of subsection (3) of section 350 921.0022, Florida Statutes, is amended to read: 351 921.0022Criminal Punishment Code; offense severity ranking 352 chart. 353 (3)OFFENSE SEVERITY RANKING CHART 354 (d)LEVEL 4 355 356 FloridaStatute FelonyDegree Description 357 104.155 3rd Unqualified noncitizen electors voting; aiding or soliciting noncitizen electors in voting. 358 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. 359 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements. 360 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs. 361 517.07(1) 3rd Failure to register securities. 362 517.12(1) 3rd Failure of dealer or associated person of a dealer of securities to register. 363 784.031 3rd Battery by strangulation. 364 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc. 365 784.074(1)(c) 3rd Battery of sexually violent predators facility staff. 366 784.075 3rd Battery on detention or commitment facility staff. 367 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. 368 784.08(2)(c) 3rd Battery on a person 65 years of age or older. 369 784.081(3) 3rd Battery on specified official or employee. 370 784.082(3) 3rd Battery by detained person on visitor or other detainee. 371 784.083(3) 3rd Battery on code inspector. 372 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. 373 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian. 374 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. 375 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. 376 787.07 3rd Human smuggling. 377 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school. 378 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property. 379 790.115(2)(c) 3rd Possessing firearm on school property. 380 794.051(1) 3rd Indecent, lewd, or lascivious touching of certain minors. 381 796.07(3)(a)2. 3rd Prostitution or related acts; second violation. 382 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years. 383 806.135 2nd Destroying or demolishing a memorial or historic property. 384 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. 385 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. 386 810.06 3rd Burglary; possession of tools. 387 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon. 388 810.145(3)(b) 3rd Digital voyeurism dissemination. 389 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000. 390 812.014(2)(c)4. &6.-10. 3rd Grand theft, 3rd degree; specified items. 391 812.014(2)(d)2. 3rd Grand theft, 3rd degree; $750 or more taken from dwelling or its unenclosed curtilage. 392 812.014(2)(e)3. 3rd Petit theft, 1st degree; less than $40 taken from dwelling or its unenclosed curtilage with two or more prior theft convictions. 393 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more. 394 817.505(4)(a) 3rd Patient brokering. 395 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. 396 817.568(2)(a) 3rd Fraudulent use of personal identification information. 397 817.5695(3)(c) 3rd Exploitation of person 65 years of age or older, value less than $10,000. 398 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder. 399 817.625(2)(c) 3rd Possess, sell, or deliver skimming device. 400 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. 401 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it. 402 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose. 403 837.02(1) 3rd Perjury in official proceedings. 404 837.021(1) 3rd Make contradictory statements in official proceedings. 405 838.022 3rd Official misconduct. 406 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency. 407 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families. 408 843.021 3rd Possession of a concealed handcuff key by a person in custody. 409 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. 410 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping). 411 843.19(2) 2nd Injure, disable, or kill police, fire, or SAR canine or police horse. 412 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years. 413 870.01(3) 2nd Aggravated rioting. 414 870.01(5) 2nd Aggravated inciting a riot. 415 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang. 416 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs). 417 914.14(2) 3rd Witnesses accepting bribes. 418 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant. 419 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury. 420 916.1085(2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities. 421 918.12 3rd Tampering with jurors. 422 934.215 3rd Use of two-way communications device to facilitate commission of a crime. 423 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution. 424 951.22(1)(h),(j) & (k) 3rd Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility. 425 Section 7.Subsection (5) of section 60.05, Florida 426 Statutes, is amended to read: 427 60.05Abatement of nuisances. 428 (5)On trial if the existence of a nuisance is shown, the 429 court shall issue a permanent injunction and order the costs to 430 be paid by the persons establishing or maintaining the nuisance 431 and shall adjudge that the costs are a lien on all personal 432 property found in the place of the nuisance and on the failure 433 of the property to bring enough to pay the costs, then on the 434 real estate occupied by the nuisance. A lien may not attach to 435 the real estate of any other than such persons unless a second 436 written notice has been given in accordance with paragraph 437 (3)(a) to the owner or his or her agent who fails to begin to 438 abate the nuisance within the time specified therein. In a 439 proceeding abating a nuisance pursuant to s. 823.10 or s. 440 823.05, if a tenant has been convicted of an offense under 441 chapter 893, s. 796.06, or s. 796.07, the court may order the 442 tenant to vacate the property within 72 hours if the tenant and 443 owner of the premises are parties to the nuisance abatement 444 action and the order will lead to the abatement of the nuisance. 445 Section 8.Subsection (7) of section 322.28, Florida 446 Statutes, is amended to read: 447 322.28Period of suspension or revocation. 448 (7)Following a second or subsequent violation of s. 449 796.07(1) s. 796.07(2)(f) which involves a motor vehicle and 450 which results in any judicial disposition other than acquittal 451 or dismissal, in addition to any other sentence imposed, the 452 court shall revoke the persons driver license or driving 453 privilege, effective upon the date of the disposition, for a 454 period of at least 1 year. A person sentenced under this 455 subsection may request a hearing under s. 322.271. 456 Section 9.Paragraph (b) of subsection (4) of section 457 397.4073, Florida Statutes, is amended to read: 458 397.4073Background checks of service provider personnel. 459 (4)EXEMPTIONS FROM DISQUALIFICATION. 460 (b)For service providers that treat adolescents 13 years 461 of age and older, service provider personnel whose background 462 checks indicate crimes under s. 796.031, s. 796.07(2)(e), 463 Florida Statutes 2024, s. 810.02(4), s. 812.014(2)(c), s. 464 817.563, s. 831.01, s. 831.02, s. 893.13, or s. 893.147, and any 465 related criminal attempt, solicitation, or conspiracy under s. 466 777.04: 467 1.Shall be exempted from disqualification from employment 468 for such offenses pursuant to this paragraph if: 469 a.At least 5 years, or at least 3 years in the case of an 470 individual seeking certification as a peer specialist under s. 471 397.417, have elapsed since the applicant requesting an 472 exemption has completed or has been lawfully released from any 473 confinement, supervision, or nonmonetary condition imposed by a 474 court for the applicants most recent disqualifying offense 475 under this paragraph. 476 b.The applicant for an exemption has not been arrested for 477 any offense during the 5 years, or 3 years in the case of a peer 478 specialist, before the request for exemption. 479 2.May be exempted from disqualification from employment 480 for such offenses without a waiting period as provided under s. 481 435.07(2). 482 Section 10.Paragraph (e) of subsection (4) of section 483 397.417, Florida Statutes, is amended to read: 484 397.417Peer specialists. 485 (4)BACKGROUND SCREENING. 486 (e)The background screening conducted under this 487 subsection must ensure that a peer specialist has not been 488 arrested for and is awaiting final disposition of, found guilty 489 of, regardless of adjudication, or entered a plea of nolo 490 contendere or guilty to, or been adjudicated delinquent and the 491 record has not been sealed or expunged for, any offense 492 prohibited under any of the following state laws or similar laws 493 of another jurisdiction: 494 1.Section 393.135, relating to sexual misconduct with 495 certain developmentally disabled clients and reporting of such 496 sexual misconduct. 497 2.Section 394.4593, relating to sexual misconduct with 498 certain mental health patients and reporting of such sexual 499 misconduct. 500 3.Section 409.920, relating to Medicaid provider fraud, if 501 the offense was a felony of the first or second degree. 502 4.Section 415.111, relating to abuse, neglect, or 503 exploitation of vulnerable adults. 504 5.Any offense that constitutes domestic violence as 505 defined in s. 741.28. 506 6.Section 777.04, relating to attempts, solicitation, and 507 conspiracy to commit an offense listed in this paragraph. 508 7.Section 782.04, relating to murder. 509 8.Section 782.07, relating to manslaughter; aggravated 510 manslaughter of an elderly person or a disabled adult; 511 aggravated manslaughter of a child; or aggravated manslaughter 512 of an officer, a firefighter, an emergency medical technician, 513 or a paramedic. 514 9.Section 782.071, relating to vehicular homicide. 515 10.Section 782.09, relating to killing an unborn child by 516 injury to the mother. 517 11.Chapter 784, relating to assault, battery, and culpable 518 negligence, if the offense was a felony. 519 12.Section 787.01, relating to kidnapping. 520 13.Section 787.02, relating to false imprisonment. 521 14.Section 787.025, relating to luring or enticing a 522 child. 523 15.Section 787.04(2), relating to leading, taking, 524 enticing, or removing a minor beyond state limits, or concealing 525 the location of a minor, with criminal intent pending custody 526 proceedings. 527 16.Section 787.04(3), relating to leading, taking, 528 enticing, or removing a minor beyond state limits, or concealing 529 the location of a minor, with criminal intent pending dependency 530 proceedings or proceedings concerning alleged abuse or neglect 531 of a minor. 532 17.Section 790.115(1), relating to exhibiting firearms or 533 weapons within 1,000 feet of a school. 534 18.Section 790.115(2)(b), relating to possessing an 535 electric weapon or device, a destructive device, or any other 536 weapon on school property. 537 19.Section 794.011, relating to sexual battery. 538 20.Former s. 794.041, relating to prohibited acts of 539 persons in familial or custodial authority. 540 21.Section 794.05, relating to unlawful sexual activity 541 with certain minors. 542 22.Section 794.08, relating to female genital mutilation. 543 23.Section 796.07, relating to providing, or offering to 544 provide, something of value in exchange for sexual activity 545 procuring another to commit prostitution, except for those 546 offenses expunged pursuant to s. 943.0583. 547 24.Section 798.02, relating to lewd and lascivious 548 behavior. 549 25.Chapter 800, relating to lewdness and indecent 550 exposure. 551 26.Section 806.01, relating to arson. 552 27.Section 810.02, relating to burglary, if the offense 553 was a felony of the first degree. 554 28.Section 810.14, relating to voyeurism, if the offense 555 was a felony. 556 29.Section 810.145, relating to digital voyeurism, if the 557 offense was a felony. 558 30.Section 812.13, relating to robbery. 559 31.Section 812.131, relating to robbery by sudden 560 snatching. 561 32.Section 812.133, relating to carjacking. 562 33.Section 812.135, relating to home-invasion robbery. 563 34.Section 817.034, relating to communications fraud, if 564 the offense was a felony of the first degree. 565 35.Section 817.234, relating to false and fraudulent 566 insurance claims, if the offense was a felony of the first or 567 second degree. 568 36.Section 817.50, relating to fraudulently obtaining 569 goods or services from a health care provider and false reports 570 of a communicable disease. 571 37.Section 817.505, relating to patient brokering. 572 38.Section 817.568, relating to fraudulent use of personal 573 identification, if the offense was a felony of the first or 574 second degree. 575 39.Section 825.102, relating to abuse, aggravated abuse, 576 or neglect of an elderly person or a disabled adult. 577 40.Section 825.1025, relating to lewd or lascivious 578 offenses committed upon or in the presence of an elderly person 579 or a disabled person. 580 41.Section 825.103, relating to exploitation of an elderly 581 person or a disabled adult, if the offense was a felony. 582 42.Section 826.04, relating to incest. 583 43.Section 827.03, relating to child abuse, aggravated 584 child abuse, or neglect of a child. 585 44.Section 827.04, relating to contributing to the 586 delinquency or dependency of a child. 587 45.Former s. 827.05, relating to negligent treatment of 588 children. 589 46.Section 827.071, relating to sexual performance by a 590 child. 591 47.Section 831.30, relating to fraud in obtaining 592 medicinal drugs. 593 48.Section 831.31, relating to the sale; manufacture; 594 delivery; or possession with intent to sell, manufacture, or 595 deliver of any counterfeit controlled substance, if the offense 596 was a felony. 597 49.Section 843.01, relating to resisting arrest with 598 violence. 599 50.Section 843.025, relating to depriving a law 600 enforcement, correctional, or correctional probation officer of 601 the means of protection or communication. 602 51.Section 843.12, relating to aiding in an escape. 603 52.Section 843.13, relating to aiding in the escape of 604 juvenile inmates of correctional institutions. 605 53.Chapter 847, relating to obscenity. 606 54.Section 874.05, relating to encouraging or recruiting 607 another to join a criminal gang. 608 55.Chapter 893, relating to drug abuse prevention and 609 control, if the offense was a felony of the second degree or 610 greater severity. 611 56.Section 895.03, relating to racketeering and collection 612 of unlawful debts. 613 57.Section 896.101, relating to the Florida Money 614 Laundering Act. 615 58.Section 916.1075, relating to sexual misconduct with 616 certain forensic clients and reporting of such sexual 617 misconduct. 618 59.Section 944.35(3), relating to inflicting cruel or 619 inhuman treatment on an inmate resulting in great bodily harm. 620 60.Section 944.40, relating to escape. 621 61.Section 944.46, relating to harboring, concealing, or 622 aiding an escaped prisoner. 623 62.Section 944.47, relating to introduction of contraband 624 into a correctional institution. 625 63.Section 985.701, relating to sexual misconduct in 626 juvenile justice programs. 627 64.Section 985.711, relating to introduction of contraband 628 into a detention facility. 629 Section 11.Subsection (2) of section 435.07, Florida 630 Statutes, is amended to read: 631 435.07Exemptions from disqualification.Unless otherwise 632 provided by law, the provisions of this section apply to 633 exemptions from disqualification for disqualifying offenses 634 revealed pursuant to background screenings required under this 635 chapter, regardless of whether those disqualifying offenses are 636 listed in this chapter or other laws. 637 (2)Persons employed, or applicants for employment, by 638 treatment providers who treat adolescents 13 years of age and 639 older who are disqualified from employment solely because of 640 crimes under s. 796.031, s. 796.07(2)(e), Florida Statutes 2024, 641 s. 810.02(4), s. 812.014(2)(c), s. 817.563, s. 831.01, s. 642 831.02, s. 893.13, or s. 893.147, or any related criminal 643 attempt, solicitation, or conspiracy under s. 777.04, may be 644 exempted from disqualification from employment pursuant to this 645 chapter without application of the waiting period in 646 subparagraph (1)(a)1. 647 Section 12.Subsection (4) and paragraphs (o) and (q) of 648 subsection (5) of section 456.074, Florida Statutes, are amended 649 to read: 650 456.074Certain health care practitioners; immediate 651 suspension of license. 652 (4)The department shall issue an emergency order 653 suspending the license of a massage therapist and establishment 654 as those terms are defined in chapter 480 upon receipt of 655 information that the massage therapist; the designated 656 establishment manager as defined in chapter 480; an employee of 657 the establishment; a person with an ownership interest in the 658 establishment; or, for a corporation that has more than $250,000 659 of business assets in this state, the owner, officer, or 660 individual directly involved in the management of the 661 establishment has been arrested for committing or attempting, 662 soliciting, or conspiring to commit, or convicted or found 663 guilty of, or has entered a plea of guilty or nolo contendere 664 to, regardless of adjudication, a violation of s. 796.06(1) that 665 is reclassified under s. 796.06(4) s. 796.07 or a felony offense 666 under any of the following provisions of state law or a similar 667 provision in another jurisdiction: 668 (a)Section 787.01, relating to kidnapping. 669 (b)Section 787.02, relating to false imprisonment. 670 (c)Section 787.025, relating to luring or enticing a 671 child. 672 (d)Section 787.06, relating to human trafficking. 673 (e)Section 787.07, relating to human smuggling. 674 (f)Section 794.011, relating to sexual battery. 675 (g)Section 794.08, relating to female genital mutilation. 676 (h)Former s. 796.03, relating to procuring a person under 677 the age of 18 for prostitution. 678 (i)Former s. 796.035, relating to the selling or buying of 679 minors into prostitution. 680 (j)Former s. 796.04 section 796.04, relating to forcing, 681 compelling, or coercing another to become a prostitute. 682 (k)Section 796.05, relating to deriving support from the 683 proceeds of prostitution. 684 (l)Section 796.07(3)(a)3. Section 796.07(4)(a)3., relating 685 to a felony of the second third degree for a third or subsequent 686 violation of s. 796.07, relating to prohibiting prostitution and 687 related acts. 688 (m)Section 800.04, relating to lewd or lascivious offenses 689 committed upon or in the presence of persons less than 16 years 690 of age. 691 (n)Section 825.1025(2)(b), relating to lewd or lascivious 692 offenses committed upon or in the presence of an elderly or 693 disabled person. 694 (o)Section 827.071, relating to sexual performance by a 695 child. 696 (p)Section 847.0133, relating to the protection of minors. 697 (q)Section 847.0135, relating to computer pornography. 698 (r)Section 847.0138, relating to the transmission of 699 material harmful to minors to a minor by electronic device or 700 equipment. 701 (s)Section 847.0145, relating to the selling or buying of 702 minors. 703 (5)The department shall issue an emergency order 704 suspending the license of any health care practitioner who is 705 arrested for committing or attempting, soliciting, or conspiring 706 to commit any act that would constitute a violation of any of 707 the following criminal offenses in this state or similar 708 offenses in another jurisdiction: 709 (o)Former s. 796.04 section 796.04, relating to forcing, 710 compelling, or coercing another to become a prostitute. 711 (q)Section 796.07(3)(a)3. Section 796.07(4)(a)3., relating 712 to a felony of the second third degree for a third or subsequent 713 violation of s. 796.07, relating to prohibiting prostitution and 714 related acts. 715 Section 13.Subsection (6) of section 480.041, Florida 716 Statutes, is amended to read: 717 480.041Massage therapists; qualifications; licensure; 718 endorsement. 719 (6)The board shall deny an application for a new or 720 renewal license if an applicant has been convicted or found 721 guilty of, or enters a plea of guilty or nolo contendere to, 722 regardless of adjudication, a violation of s. 796.06(1) s. 723 796.07(2)(a) which is reclassified under s. 796.06(4) s. 724 796.07(7) or a felony offense under any of the following 725 provisions of state law or a similar provision in another 726 jurisdiction: 727 (a)Section 787.01, relating to kidnapping. 728 (b)Section 787.02, relating to false imprisonment. 729 (c)Section 787.025, relating to luring or enticing a 730 child. 731 (d)Section 787.06, relating to human trafficking. 732 (e)Section 787.07, relating to human smuggling. 733 (f)Section 794.011, relating to sexual battery. 734 (g)Section 794.08, relating to female genital mutilation. 735 (h)Former s. 796.03, relating to procuring a person under 736 the age of 18 for prostitution. 737 (i)Former s. 796.035, relating to the selling or buying of 738 minors into prostitution. 739 (j)Former s. 796.04 section 796.04, relating to forcing, 740 compelling, or coercing another to become a prostitute. 741 (k)Section 796.05, relating to deriving support from the 742 proceeds of prostitution. 743 (l)Section 796.07(3)(a)3. Section 796.07(4)(a)3., relating 744 to a felony of the second third degree for a third or subsequent 745 violation of s. 796.07, relating to prohibiting prostitution and 746 related acts. 747 (m)Section 800.04, relating to lewd or lascivious offenses 748 committed upon or in the presence of persons less than 16 years 749 of age. 750 (n)Section 825.1025(2)(b), relating to lewd or lascivious 751 offenses committed upon or in the presence of an elderly or 752 disabled person. 753 (o)Section 827.071, relating to sexual performance by a 754 child. 755 (p)Section 847.0133, relating to the protection of minors. 756 (q)Section 847.0135, relating to computer pornography. 757 (r)Section 847.0138, relating to the transmission of 758 material harmful to minors to a minor by electronic device or 759 equipment. 760 (s)Section 847.0145, relating to the selling or buying of 761 minors. 762 Section 14.Subsection (8) of section 480.043, Florida 763 Statutes, is amended to read: 764 480.043Massage establishments; requisites; licensure; 765 inspection; human trafficking awareness training and policies. 766 (8)The department shall deny an application for a new or 767 renewal license if an establishment owner or a designated 768 establishment manager or, for a corporation that has more than 769 $250,000 of business assets in this state, an establishment 770 owner, a designated establishment manager, or any individual 771 directly involved in the management of the establishment has 772 been convicted of or entered a plea of guilty or nolo contendere 773 to any misdemeanor or felony crime, regardless of adjudication, 774 related to prostitution or related acts as described in s. 775 796.06 or s. 796.07 or a felony offense under any of the 776 following provisions of state law or a similar provision in 777 another jurisdiction: 778 (a)Section 787.01, relating to kidnapping. 779 (b)Section 787.02, relating to false imprisonment. 780 (c)Section 787.025, relating to luring or enticing a 781 child. 782 (d)Section 787.06, relating to human trafficking. 783 (e)Section 787.07, relating to human smuggling. 784 (f)Section 794.011, relating to sexual battery. 785 (g)Section 794.08, relating to female genital mutilation. 786 (h)Former s. 796.03, relating to procuring a person under 787 the age of 18 for prostitution. 788 (i)Former s. 796.035, relating to selling or buying of 789 minors into prostitution. 790 (j)Former s. 796.04 section 796.04, relating to forcing, 791 compelling, or coercing another to become a prostitute. 792 (k)Section 796.05, relating to deriving support from the 793 proceeds of prostitution. 794 (l)Section 800.04, relating to lewd or lascivious offenses 795 committed upon or in the presence of persons less than 16 years 796 of age. 797 (m)Section 825.1025(2)(b), relating to lewd or lascivious 798 offenses committed upon or in the presence of an elderly or 799 disabled person. 800 (n)Section 827.071, relating to sexual performance by a 801 child. 802 (o)Section 847.0133, relating to the protection of minors. 803 (p)Section 847.0135, relating to computer pornography. 804 (q)Section 847.0138, relating to the transmission of 805 material harmful to minors to a minor by electronic device or 806 equipment. 807 (r)Section 847.0145, relating to the selling or buying of 808 minors. 809 Section 15.Paragraph (c) of subsection (3) of section 810 480.046, Florida Statutes, is amended to read: 811 480.046Grounds for disciplinary action by the board. 812 (3)The board shall revoke or suspend the license of a 813 massage establishment licensed under this act, or deny 814 subsequent licensure of such an establishment, if any of the 815 following occurs: 816 (c)The establishment owner, the designated establishment 817 manager, or any individual providing massage therapy services 818 for the establishment has had the entry in any jurisdiction of: 819 1.A final order or other disciplinary action taken for 820 sexual misconduct involving prostitution; 821 2.A final order or other disciplinary action taken for 822 crimes related to the practice of massage therapy involving 823 prostitution; or 824 3.A conviction or a plea of guilty or nolo contendere to 825 any misdemeanor or felony crime, regardless of adjudication, 826 related to prostitution or related acts as described in s. 827 796.06 or s. 796.07. 828 Section 16.Paragraph (a) of subsection (1) of section 829 772.102, Florida Statutes, is amended to read: 830 772.102Definitions.As used in this chapter, the term: 831 (1)Criminal activity means to commit, to attempt to 832 commit, to conspire to commit, or to solicit, coerce, or 833 intimidate another person to commit: 834 (a)Any crime that is chargeable by indictment or 835 information under the following provisions: 836 1.Section 210.18, relating to evasion of payment of 837 cigarette taxes. 838 2.Section 414.39, relating to public assistance fraud. 839 3.Section 440.105 or s. 440.106, relating to workers 840 compensation. 841 4.Part IV of chapter 501, relating to telemarketing. 842 5.Chapter 517, relating to securities transactions. 843 6.Section 550.235 or s. 550.3551, relating to dogracing 844 and horseracing. 845 7.Chapter 550, relating to jai alai frontons. 846 8.Chapter 552, relating to the manufacture, distribution, 847 and use of explosives. 848 9.Chapter 562, relating to beverage law enforcement. 849 10.Section 624.401, relating to transacting insurance 850 without a certificate of authority, s. 624.437(4)(c)1., relating 851 to operating an unauthorized multiple-employer welfare 852 arrangement, or s. 626.902(1)(b), relating to representing or 853 aiding an unauthorized insurer. 854 11.Chapter 687, relating to interest and usurious 855 practices. 856 12.Section 721.08, s. 721.09, or s. 721.13, relating to 857 real estate timeshare plans. 858 13.Chapter 782, relating to homicide. 859 14.Chapter 784, relating to assault and battery. 860 15.Chapter 787, relating to kidnapping or human 861 trafficking. 862 16.Chapter 790, relating to weapons and firearms. 863 17.Former s. 796.03, former s. 796.04, s. 796.05, s. 864 796.06, or s. 796.07, relating to prostitution. 865 18.Chapter 806, relating to arson. 866 19.Section 810.02(2)(c), relating to specified burglary of 867 a dwelling or structure. 868 20.Chapter 812, relating to theft, robbery, and related 869 crimes. 870 21.Chapter 815, relating to computer-related crimes. 871 22.Chapter 817, relating to fraudulent practices, false 872 pretenses, fraud generally, and credit card crimes. 873 23.Section 827.071, relating to commercial sexual 874 exploitation of children. 875 24.Chapter 831, relating to forgery and counterfeiting. 876 25.Chapter 832, relating to issuance of worthless checks 877 and drafts. 878 26.Section 836.05, relating to extortion. 879 27.Chapter 837, relating to perjury. 880 28.Chapter 838, relating to bribery and misuse of public 881 office. 882 29.Chapter 843, relating to obstruction of justice. 883 30.Section 847.011, s. 847.012, s. 847.013, s. 847.06, or 884 s. 847.07, relating to obscene literature and profanity. 885 31.Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 886 849.25, relating to gambling. 887 32.Chapter 893, relating to drug abuse prevention and 888 control. 889 33.Section 914.22 or s. 914.23, relating to witnesses, 890 victims, or informants. 891 34.Section 918.12 or s. 918.13, relating to tampering with 892 jurors and evidence. 893 Section 17.Paragraph (a) of subsection (3) of section 894 787.01, Florida Statutes, is amended to read: 895 787.01Kidnapping; kidnapping of child under age 13, 896 aggravating circumstances. 897 (3)(a)A person who commits the offense of kidnapping upon 898 a child under the age of 13 and who, in the course of committing 899 the offense, commits one or more of the following: 900 1.Aggravated child abuse, as defined in s. 827.03; 901 2.Sexual battery, as defined in chapter 794, against the 902 child; 903 3.Lewd or lascivious battery, lewd or lascivious 904 molestation, lewd or lascivious conduct, or lewd or lascivious 905 exhibition, in violation of s. 800.04 or s. 847.0135(5); 906 4.A violation of former s. 796.03 or former s. 796.04, 907 relating to prostitution, upon the child; 908 5.Exploitation of the child or allowing the child to be 909 exploited, in violation of s. 450.151; or 910 6.A violation of s. 787.06(3)(g), relating to human 911 trafficking, 912 913 commits a life felony, punishable as provided in s. 775.082, s. 914 775.083, or s. 775.084. 915 Section 18.Paragraph (a) of subsection (3) of section 916 787.02, Florida Statutes, is amended to read: 917 787.02False imprisonment; false imprisonment of child 918 under age 13, aggravating circumstances. 919 (3)(a)A person who commits the offense of false 920 imprisonment upon a child under the age of 13 and who, in the 921 course of committing the offense, commits any offense enumerated 922 in subparagraphs 1.-6. subparagraphs 1.-5., commits a felony of 923 the first degree, punishable by imprisonment for a term of years 924 not exceeding life or as provided in s. 775.082, s. 775.083, or 925 s. 775.084. 926 1.Aggravated child abuse, as defined in s. 827.03; 927 2.Sexual battery, as defined in chapter 794, against the 928 child; 929 3.Lewd or lascivious battery, lewd or lascivious 930 molestation, lewd or lascivious conduct, or lewd or lascivious 931 exhibition, in violation of s. 800.04 or s. 847.0135(5); 932 4.A violation of former s. 796.03 or former s. 796.04, 933 relating to prostitution, upon the child; 934 5.Exploitation of the child or allowing the child to be 935 exploited, in violation of s. 450.151; or 936 6.A violation of s. 787.06(3)(g) relating to human 937 trafficking. 938 Section 19.Subsection (1) of section 794.056, Florida 939 Statutes, is amended to read: 940 794.056Rape Crisis Program Trust Fund. 941 (1)The Rape Crisis Program Trust Fund is created within 942 the Department of Health for the purpose of providing funds for 943 rape crisis centers in this state. Trust fund moneys shall be 944 used exclusively for the purpose of providing services for 945 victims of sexual assault. Funds credited to the trust fund 946 consist of those funds collected as an additional court 947 assessment in each case in which a defendant pleads guilty or 948 nolo contendere to, or is found guilty of, regardless of 949 adjudication, an offense provided in s. 775.21(6) and (10)(a), 950 (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 951 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 952 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s. 953 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; 954 former s. 796.03; former s. 796.035; former s. 796.04; s. 955 796.05; s. 796.06; s. 796.07(1) s. 796.07(2)(a)-(d) and (i); s. 956 800.03; s. 800.04; s. 810.14; s. 810.145; s. 812.135; s. 957 817.025; s. 825.102; s. 825.1025; s. 827.071; s. 836.10; s. 958 847.0133; s. 847.0135(2); s. 847.0137; s. 847.0145; s. 959 943.0435(4)(c), (7), (8), (9)(a), (13), and (14)(c); or s. 960 985.701(1). Funds credited to the trust fund also shall include 961 revenues provided by law, moneys appropriated by the 962 Legislature, and grants from public or private entities. 963 Section 20.Subsection (3) of section 796.08, Florida 964 Statutes, is amended to read: 965 796.08Screening for HIV and sexually transmissible 966 diseases; providing penalties. 967 (3)A person convicted under s. 796.07 of providing, or 968 offering to provide, something of value in exchange for sexual 969 activity prostitution or procuring another to commit 970 prostitution must undergo screening for a sexually transmissible 971 disease, including, but not limited to, screening to detect 972 exposure to the human immunodeficiency virus, under direction of 973 the Department of Health. If the person is infected, he or she 974 must submit to treatment and counseling prior to release from 975 probation, community control, or incarceration. Notwithstanding 976 the provisions of s. 384.29, the results of tests conducted 977 pursuant to this subsection shall be made available by the 978 Department of Health to the offender, medical personnel, 979 appropriate state agencies, state attorneys, and courts of 980 appropriate jurisdiction in need of such information in order to 981 enforce the provisions of this chapter. 982 Section 21.Subsection (2) of section 796.09, Florida 983 Statutes, is amended to read: 984 796.09Coercion; civil cause of action; evidence; defenses; 985 attorneys fees. 986 (2)As used in this section, the term prostitution has 987 the same meaning as in s. 796.011 s. 796.07. 988 Section 22.Subsection (2) of section 893.138, Florida 989 Statutes, is amended to read: 990 893.138Local administrative action to abate certain 991 activities declared public nuisances. 992 (2)Any place or premises that has been used: 993 (a)On more than two occasions within a 6-month period, as 994 the site of a violation of s. 796.06 or s. 796.07; 995 (b)On more than two occasions within a 6-month period, as 996 the site of the unlawful sale, delivery, manufacture, or 997 cultivation of any controlled substance; 998 (c)On one occasion as the site of the unlawful possession 999 of a controlled substance, where such possession constitutes a 1000 felony and that has been previously used on more than one 1001 occasion as the site of the unlawful sale, delivery, 1002 manufacture, or cultivation of any controlled substance; 1003 (d)By a criminal gang for the purpose of conducting 1004 criminal gang activity as defined by s. 874.03; 1005 (e)On more than two occasions within a 6-month period, as 1006 the site of a violation of s. 812.019, relating to dealing in 1007 stolen property; 1008 (f)On two or more occasions within a 6-month period, as 1009 the site of a violation of chapter 499; 1010 (g)On more than two occasions within a 6-month period, as 1011 the site of a violation of any combination of the following: 1012 1.Section 782.04, relating to murder; 1013 2.Section 782.051, relating to attempted felony murder; 1014 3.Section 784.045(1)(a)2., relating to aggravated battery 1015 with a deadly weapon; 1016 4.Section 784.021(1)(a), relating to aggravated assault 1017 with a deadly weapon without intent to kill; or 1018 (h)On more than two occasions within a 12-month period, as 1019 the site of a violation of s. 562.12, relating to the unlicensed 1020 or unlawful sale of alcoholic beverages, 1021 1022 may be declared to be a public nuisance, and such nuisance may 1023 be abated pursuant to the procedures provided in this section. 1024 Section 23.Paragraph (a) of subsection (8) of section 1025 895.02, Florida Statutes, as amended by chapter 2025-1, Laws of 1026 Florida, is amended to read: 1027 895.02Definitions.As used in ss. 895.01-895.08, the term: 1028 (8)Racketeering activity means to commit, to attempt to 1029 commit, to conspire to commit, or to solicit, coerce, or 1030 intimidate another person to commit: 1031 (a)Any crime that is chargeable by petition, indictment, 1032 or information under the following provisions of the Florida 1033 Statutes: 1034 1.Section 104.155(2), relating to aiding or soliciting a 1035 noncitizen in voting. 1036 2.Section 210.18, relating to evasion of payment of 1037 cigarette taxes. 1038 3.Section 316.1935, relating to fleeing or attempting to 1039 elude a law enforcement officer and aggravated fleeing or 1040 eluding. 1041 4.Chapter 379, relating to the illegal sale, purchase, 1042 collection, harvest, capture, or possession of wild animal life, 1043 freshwater aquatic life, or marine life, and related crimes. 1044 5.Section 403.727(3)(b), relating to environmental 1045 control. 1046 6.Section 409.920 or s. 409.9201, relating to Medicaid 1047 fraud. 1048 7.Section 414.39, relating to public assistance fraud. 1049 8.Section 440.105 or s. 440.106, relating to workers 1050 compensation. 1051 9.Section 443.071(4), relating to creation of a fictitious 1052 employer scheme to commit reemployment assistance fraud. 1053 10.Section 465.0161, relating to distribution of medicinal 1054 drugs without a permit as an Internet pharmacy. 1055 11.Section 499.0051, relating to crimes involving 1056 contraband, adulterated, or misbranded drugs. 1057 12.Part IV of chapter 501, relating to telemarketing. 1058 13.Chapter 517, relating to sale of securities and 1059 investor protection. 1060 14.Section 550.235 or s. 550.3551, relating to dogracing 1061 and horseracing. 1062 15.Chapter 550, relating to jai alai frontons. 1063 16.Section 551.109, relating to slot machine gaming. 1064 17.Chapter 552, relating to the manufacture, distribution, 1065 and use of explosives. 1066 18.Chapter 560, relating to money transmitters, if the 1067 violation is punishable as a felony. 1068 19.Chapter 562, relating to beverage law enforcement. 1069 20.Section 624.401, relating to transacting insurance 1070 without a certificate of authority, s. 624.437(4)(c)1., relating 1071 to operating an unauthorized multiple-employer welfare 1072 arrangement, or s. 626.902(1)(b), relating to representing or 1073 aiding an unauthorized insurer. 1074 21.Section 655.50, relating to reports of currency 1075 transactions, when such violation is punishable as a felony. 1076 22.Chapter 687, relating to interest and usurious 1077 practices. 1078 23.Section 721.08, s. 721.09, or s. 721.13, relating to 1079 real estate timeshare plans. 1080 24.Section 775.13(5)(b), relating to registration of 1081 persons found to have committed any offense for the purpose of 1082 benefiting, promoting, or furthering the interests of a criminal 1083 gang. 1084 25.Section 777.03, relating to commission of crimes by 1085 accessories after the fact. 1086 26.Chapter 782, relating to homicide. 1087 27.Chapter 784, relating to assault and battery. 1088 28.Chapter 787, relating to kidnapping, human smuggling, 1089 or human trafficking. 1090 29.Chapter 790, relating to weapons and firearms. 1091 30.Chapter 794, relating to sexual battery, but only if 1092 such crime was committed with the intent to benefit, promote, or 1093 further the interests of a criminal gang, or for the purpose of 1094 increasing a criminal gang members own standing or position 1095 within a criminal gang. 1096 31.Former s. 796.03, former s. 796.035, former s. 796.04, 1097 s. 796.05, s. 796.06, or s. 796.07, relating to prostitution. 1098 32.Chapter 806, relating to arson and criminal mischief. 1099 33.Chapter 810, relating to burglary and trespass. 1100 34.Chapter 812, relating to theft, robbery, and related 1101 crimes. 1102 35.Chapter 815, relating to computer-related crimes. 1103 36.Chapter 817, relating to fraudulent practices, false 1104 pretenses, fraud generally, credit card crimes, and patient 1105 brokering. 1106 37.Chapter 825, relating to abuse, neglect, or 1107 exploitation of an elderly person or disabled adult. 1108 38.Section 827.071, relating to commercial sexual 1109 exploitation of children. 1110 39.Section 828.122, relating to fighting or baiting 1111 animals. 1112 40.Chapter 831, relating to forgery and counterfeiting. 1113 41.Chapter 832, relating to issuance of worthless checks 1114 and drafts. 1115 42.Section 836.05, relating to extortion. 1116 43.Chapter 837, relating to perjury. 1117 44.Chapter 838, relating to bribery and misuse of public 1118 office. 1119 45.Chapter 843, relating to obstruction of justice. 1120 46.Section 847.011, s. 847.012, s. 847.013, s. 847.06, or 1121 s. 847.07, relating to obscene literature and profanity. 1122 47.Chapter 849, relating to gambling, lottery, gambling or 1123 gaming devices, slot machines, or any of the provisions within 1124 that chapter. 1125 48.Chapter 874, relating to criminal gangs. 1126 49.Chapter 893, relating to drug abuse prevention and 1127 control. 1128 50.Chapter 896, relating to offenses related to financial 1129 transactions. 1130 51.Sections 914.22 and 914.23, relating to tampering with 1131 or harassing a witness, victim, or informant, and retaliation 1132 against a witness, victim, or informant. 1133 52.Sections 918.12 and 918.13, relating to tampering with 1134 jurors and evidence. 1135 Section 24.Section 938.085, Florida Statutes, is amended 1136 to read: 1137 938.085Additional cost to fund rape crisis centers.In 1138 addition to any sanction imposed when a person pleads guilty or 1139 nolo contendere to, or is found guilty of, regardless of 1140 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and 1141 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045; 1142 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s. 1143 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s. 1144 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s. 1145 796.03; former s. 796.035; former s. 796.04; s. 796.05; s. 1146 796.06; s. 796.07(1) s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 1147 800.04; s. 810.14; s. 810.145; s. 812.135; s. 817.025; s. 1148 825.102; s. 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 1149 847.0135(2); s. 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), 1150 (8), (9)(a), (13), and (14)(c); or s. 985.701(1), the court 1151 shall impose a surcharge of $151. Payment of the surcharge shall 1152 be a condition of probation, community control, or any other 1153 court-ordered supervision. The sum of $150 of the surcharge 1154 shall be deposited into the Rape Crisis Program Trust Fund 1155 established within the Department of Health by chapter 2003-140, 1156 Laws of Florida. The clerk of the court shall retain $1 of each 1157 surcharge that the clerk of the court collects as a service 1158 charge of the clerks office. 1159 Section 25.This act shall take effect October 1, 2025.