Senate Bill sb0376c1
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Florida Senate - 2002 CS for SB 376
By the Committee on Criminal Justice; and Senator Smith
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1 A bill to be entitled
2 An act relating to the offense of prostitution;
3 amending s. 796.07, F.S.; providing that a
4 third or subsequent violation of provisions
5 prohibiting prostitution, certain activities
6 related to prostitution, or the purchase of
7 services from a person engaged in prostitution
8 is a third-degree felony rather than a
9 second-degree misdemeanor; providing that a
10 person charged with such offense may be offered
11 admission to a pretrial intervention program or
12 substance-abuse treatment program; providing
13 that a motor vehicle of a person convicted of a
14 violation of the provisions prohibiting
15 prostitution will be subject to forfeiture
16 under the Florida Contraband Forfeiture Act;
17 amending s. 948.08, F.S., relating to the
18 pretrial intervention program; conforming
19 provisions to changes made by the act;
20 providing an effective date.
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22 Be It Enacted by the Legislature of the State of Florida:
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24 Section 1. Section 796.07, Florida Statutes, is
25 amended to read:
26 796.07 Prohibiting prostitution, etc.; evidence;
27 penalties; definitions.--
28 (1) As used in this section:
29 (a) "Prostitution" means the giving or receiving of
30 the body for sexual activity for hire but excludes sexual
31 activity between spouses.
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Florida Senate - 2002 CS for SB 376
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1 (b) "Lewdness" means any indecent or obscene act.
2 (c) "Assignation" means the making of any appointment
3 or engagement for prostitution or lewdness, or any act in
4 furtherance of such appointment or engagement.
5 (d) "Sexual activity" means oral, anal, or vaginal
6 penetration by, or union with, the sexual organ of another;
7 anal or vaginal penetration of another by any other object; or
8 the handling or fondling of the sexual organ of another for
9 the purpose of masturbation; however, the term does not
10 include acts done for bona fide medical purposes.
11 (2) It is unlawful:
12 (a) To own, establish, maintain, or operate any place,
13 structure, building, or conveyance for the purpose of
14 lewdness, assignation, or prostitution.
15 (b) To offer, or to offer or agree to secure, another
16 for the purpose of prostitution or for any other lewd or
17 indecent act.
18 (c) To receive, or to offer or agree to receive, any
19 person into any place, structure, building, or conveyance for
20 the purpose of prostitution, lewdness, or assignation, or to
21 permit any person to remain there for such purpose.
22 (d) To direct, take, or transport, or to offer or
23 agree to direct, take, or transport, any person to any place,
24 structure, or building, or to any other person, with knowledge
25 or reasonable cause to believe that the purpose of such
26 directing, taking, or transporting is prostitution, lewdness,
27 or assignation.
28 (e) To offer to commit, or to commit, or to engage in,
29 prostitution, lewdness, or assignation.
30 (f) To solicit, induce, entice, or procure another to
31 commit prostitution, lewdness, or assignation.
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Florida Senate - 2002 CS for SB 376
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1 (g) To reside in, enter, or remain in, any place,
2 structure, or building, or to enter or remain in any
3 conveyance, for the purpose of prostitution, lewdness, or
4 assignation.
5 (h) To aid, abet, or participate in any of the acts or
6 things enumerated in this subsection.
7 (i) To purchase the services of any person engaged in
8 prostitution.
9 (3) In the trial of a person charged with a violation
10 of this section, testimony concerning the reputation of any
11 place, structure, building, or conveyance involved in the
12 charge, testimony concerning the reputation of any person
13 residing in, operating, or frequenting such place, structure,
14 building, or conveyance, and testimony concerning the
15 reputation of the defendant is admissible in evidence in
16 support of the charge.
17 (4) A person who violates any provision of this
18 section commits:
19 (a) A misdemeanor of the second degree for a first
20 violation, punishable as provided in s. 775.082 or s. 775.083.
21 (b) A misdemeanor of the first degree for a second or
22 subsequent violation, punishable as provided in s. 775.082 or
23 s. 775.083.
24 (c) A felony of the third degree for a third or
25 subsequent violation, punishable as provided in s. 775.082, s.
26 775.083, or s. 775.084.
27 (5) Any motor vehicle of a person convicted of a
28 violation of chapter 796 will be subject to seizure and
29 forfeiture as provided in s. 932.701.
30 (6) A person who is charged with a third or subsequent
31 violation of this section may be offered admission to a
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Florida Senate - 2002 CS for SB 376
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1 pretrial intervention program or a substance-abuse treatment
2 program as provided in s. 948.08.
3 Section 2. Paragraph (a) of subsection (6) of section
4 948.08, Florida Statutes, is amended to read:
5 948.08 Pretrial intervention program.--
6 (6)(a) Notwithstanding any provision of this section,
7 a person who is charged with a felony of the second or third
8 degree for purchase or possession of a controlled substance
9 under chapter 893, prostitution, tampering with evidence,
10 solicitation for purchase of a controlled substance, or
11 obtaining a prescription by fraud; who has not been charged
12 with a crime involving violence, including, but not limited
13 to, murder, sexual battery, robbery, carjacking, home-invasion
14 robbery, or any other crime involving violence; and who has
15 not previously been convicted of a felony nor been admitted to
16 a felony pretrial program referred to in this section is
17 eligible for admission into a pretrial substance abuse
18 education and treatment intervention program approved by the
19 chief judge of the circuit, for a period of not less than 1
20 year in duration, upon motion of either party or the court's
21 own motion, except:
22 1. If a defendant was previously offered admission to
23 a pretrial substance abuse education and treatment
24 intervention program at any time prior to trial and the
25 defendant rejected that offer on the record, then the court or
26 the state attorney may deny the defendant's admission to such
27 a program.
28 2. If the state attorney believes that the facts and
29 circumstances of the case suggest the defendant's involvement
30 in the dealing and selling of controlled substances, the court
31 shall hold a preadmission hearing. If the state attorney
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Florida Senate - 2002 CS for SB 376
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1 establishes, by a preponderance of the evidence at such
2 hearing, that the defendant was involved in the dealing or
3 selling of controlled substances, the court shall deny the
4 defendant's admission into a pretrial intervention program.
5 Section 3. This act shall take effect July 1, 2002.
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7 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
8 Senate Bill 376
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10 - Allows persons charged with a third or subsequent
prostitution offense to be offered admission into a
11 pretrial intervention program or a substance-abuse
treatment program.
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- Subjects the motor vehicle of a person convicted of a
13 violation of the prostitution statute to forfeiture as
provided under the Contraband Forfeiture Act.
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