CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
728-134AXB-22 Bill No. CS/HB 415
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 Representative(s) Farkas offered the following:
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13 Amendment (with title amendment)
14 On page 2, lines 25 and 26,
15 remove: all of said lines
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17 and insert:
18 Section 4. Section 796.07, Florida Statutes, is
19 amended to read:
20 796.07 Prohibiting prostitution, etc.; evidence;
21 penalties; definitions.--
22 (1) As used in this section:
23 (a) "Prostitution" means the giving or receiving of
24 the body for sexual activity for hire but excludes sexual
25 activity between spouses.
26 (b) "Lewdness" means any indecent or obscene act.
27 (c) "Assignation" means the making of any appointment
28 or engagement for prostitution or lewdness, or any act in
29 furtherance of such appointment or engagement.
30 (d) "Sexual activity" means oral, anal, or vaginal
31 penetration by, or union with, the sexual organ of another;
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HOUSE AMENDMENT
728-134AXB-22 Bill No. CS/HB 415
Amendment No. ___ (for drafter's use only)
1 anal or vaginal penetration of another by any other object; or
2 the handling or fondling of the sexual organ of another for
3 the purpose of masturbation; however, the term does not
4 include acts done for bona fide medical purposes.
5 (2) It is unlawful:
6 (a) To own, establish, maintain, or operate any place,
7 structure, building, or conveyance for the purpose of
8 lewdness, assignation, or prostitution.
9 (b) To offer, or to offer or agree to secure, another
10 for the purpose of prostitution or for any other lewd or
11 indecent act.
12 (c) To receive, or to offer or agree to receive, any
13 person into any place, structure, building, or conveyance for
14 the purpose of prostitution, lewdness, or assignation, or to
15 permit any person to remain there for such purpose.
16 (d) To direct, take, or transport, or to offer or
17 agree to direct, take, or transport, any person to any place,
18 structure, or building, or to any other person, with knowledge
19 or reasonable cause to believe that the purpose of such
20 directing, taking, or transporting is prostitution, lewdness,
21 or assignation.
22 (e) To offer to commit, or to commit, or to engage in,
23 prostitution, lewdness, or assignation.
24 (f) To solicit, induce, entice, or procure another to
25 commit prostitution, lewdness, or assignation.
26 (g) To reside in, enter, or remain in, any place,
27 structure, or building, or to enter or remain in any
28 conveyance, for the purpose of prostitution, lewdness, or
29 assignation.
30 (h) To aid, abet, or participate in any of the acts or
31 things enumerated in this subsection.
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HOUSE AMENDMENT
728-134AXB-22 Bill No. CS/HB 415
Amendment No. ___ (for drafter's use only)
1 (i) To purchase the services of any person engaged in
2 prostitution.
3 (3) In the trial of a person charged with a violation
4 of this section, testimony concerning the reputation of any
5 place, structure, building, or conveyance involved in the
6 charge, testimony concerning the reputation of any person
7 residing in, operating, or frequenting such place, structure,
8 building, or conveyance, and testimony concerning the
9 reputation of the defendant is admissible in evidence in
10 support of the charge.
11 (4) A person who violates any provision of this
12 section commits:
13 (a) A misdemeanor of the second degree for a first
14 violation, punishable as provided in s. 775.082 or s. 775.083.
15 (b) A misdemeanor of the first degree for a second or
16 subsequent violation, punishable as provided in s. 775.082 or
17 s. 775.083.
18 (c) A felony of the third degree for a third or
19 subsequent violation, punishable as provided in s. 775.082, s.
20 775.083, or s. 775.084.
21 (5) A person who is charged with a third or subsequent
22 violation of this section shall be offered admission to a
23 pretrial intervention program or a substance abuse treatment
24 program, as provided in s. 948.08, after screening and
25 evaluation for substance abuse.
26 (6) A person who violates paragraph (2)(f) shall be
27 assessed a civil penalty of $500 if the violation results in
28 any judicial disposition other than acquittal or dismissal.
29 The proceeds from penalties assessed under this subsection
30 shall be paid to the circuit courts administrator for the sole
31 purpose of paying the administrative costs of mandatory
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HOUSE AMENDMENT
728-134AXB-22 Bill No. CS/HB 415
Amendment No. ___ (for drafter's use only)
1 treatment-based drug court programs provided under s. 397.334.
2 Section 5. Subsection (7) is added to section 322.28,
3 Florida Statutes, to read:
4 322.28 Period of suspension or revocation.--
5 (7) Following a second or subsequent violation of s.
6 796.07(2)(f) which involves a motor vehicle and which results
7 in any judicial disposition other than acquittal or dismissal,
8 in addition to any other sentence imposed, the court shall
9 revoke the person's driver's license or driving privilege,
10 effective upon the date of the disposition, for a period of
11 not less than 1 year. A person sentenced under this subsection
12 may request a hearing under s. 322.271.
13 Section 6. Paragraph (a) of subsection (6) of section
14 948.08, Florida Statutes, is amended to read:
15 948.08 Pretrial intervention program.--
16 (6)(a) Notwithstanding any provision of this section,
17 a person who is charged with a felony of the second or third
18 degree for purchase or possession of a controlled substance
19 under chapter 893, prostitution, tampering with evidence,
20 solicitation for purchase of a controlled substance, or
21 obtaining a prescription by fraud; who has not been charged
22 with a crime involving violence, including, but not limited
23 to, murder, sexual battery, robbery, carjacking, home-invasion
24 robbery, or any other crime involving violence; and who has
25 not previously been convicted of a felony nor been admitted to
26 a felony pretrial program referred to in this section is
27 eligible for admission into a pretrial substance abuse
28 education and treatment intervention program approved by the
29 chief judge of the circuit, for a period of not less than 1
30 year in duration, upon motion of either party or the court's
31 own motion, except:
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HOUSE AMENDMENT
728-134AXB-22 Bill No. CS/HB 415
Amendment No. ___ (for drafter's use only)
1 1. If a defendant was previously offered admission to
2 a pretrial substance abuse education and treatment
3 intervention program at any time prior to trial and the
4 defendant rejected that offer on the record, then the court or
5 the state attorney may deny the defendant's admission to such
6 a program.
7 2. If the state attorney believes that the facts and
8 circumstances of the case suggest the defendant's involvement
9 in the dealing and selling of controlled substances, the court
10 shall hold a preadmission hearing. If the state attorney
11 establishes, by a preponderance of the evidence at such
12 hearing, that the defendant was involved in the dealing or
13 selling of controlled substances, the court shall deny the
14 defendant's admission into a pretrial intervention program.
15 Section 7. This act shall take effect July 1, 2002.
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19 And the title is amended as follows:
20 On page 1, line 11, after the semicolon,
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22 insert:
23 amending s. 796.07, F.S.; providing that a
24 third or subsequent violation of provisions
25 prohibiting prostitution, certain activities
26 related to prostitution, or the purchase of
27 services from a person engaged in prostitution
28 is a third degree felony rather than a second
29 degree misdemeanor; providing that a person
30 charged with such offense may be offered
31 admission to a pretrial intervention program or
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hbd0016 09:15 am 00415-0052-650563
HOUSE AMENDMENT
728-134AXB-22 Bill No. CS/HB 415
Amendment No. ___ (for drafter's use only)
1 substance abuse treatment program; amending s.
2 322.28, F.S.; requiring that the court revoke a
3 person's driver's license or driving privilege
4 following a second or subsequent conviction of
5 certain offenses of solicitation for
6 prostitution which involve a motor vehicle;
7 amending s. 948.08, F.S., relating to the
8 pretrial intervention program; conforming
9 provisions to changes made by the act;
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