House Bill hb0415e1
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CS/HB 415, First Engrossed
1 A bill to be entitled
2 An act relating to prostitution; creating a
3 community-based pilot program entitled Project
4 HOPE in Pinellas County and Hillsborough
5 County; specifying that certain persons
6 convicted of violations of s. 796.07, F.S., are
7 required to participate in the program;
8 providing for program components; providing
9 appropriations; requiring a review by the
10 Office of Program Policy Analysis and
11 Government Accountability and a report to the
12 Legislature; amending s. 796.07, F.S.;
13 providing that a third or subsequent violation
14 of provisions prohibiting prostitution, certain
15 activities related to prostitution, or the
16 purchase of services from a person engaged in
17 prostitution is a third degree felony rather
18 than a second degree misdemeanor; providing
19 that a person charged with such offense may be
20 offered admission to a pretrial intervention
21 program or substance abuse treatment program;
22 amending s. 322.28, F.S.; requiring that the
23 court revoke a person's driver's license or
24 driving privilege following a second or
25 subsequent conviction of certain offenses of
26 solicitation for prostitution which involve a
27 motor vehicle; amending s. 948.08, F.S.,
28 relating to the pretrial intervention program;
29 conforming provisions to changes made by the
30 act; providing an effective date.
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CS/HB 415, First Engrossed
1 Be It Enacted by the Legislature of the State of Florida:
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3 Section 1. Project HOPE.--
4 (1) There is created a 2-year community-based program
5 in Pinellas County and Hillsborough County that shall include
6 early intervention for a person convicted of prostitution, as
7 defined in s. 796.07(1)(a), Florida Statutes. Any person
8 convicted two or more times under s. 796.07, Florida Statutes,
9 shall undergo screening and evaluation for substance abuse
10 prior to sentencing. After screening and evaluation for
11 substance abuse, the person shall enter into a
12 court-authorized substance abuse treatment program, if
13 recommended.
14 (2) The proposed program shall be called Project HOPE
15 (Healthy Options Promoting Esteem). Project HOPE shall provide
16 services that include intake and screening, initial drug
17 screening and urinalysis tests, psychosocial assessments, case
18 management, short-term supportive counseling, community
19 referrals, and referrals to residential and nonresidential
20 drug treatment.
21 (3) In order to successfully curb the prostitution
22 cycle, intervention efforts must target the solicitor or buyer
23 of prostitute services as described in s. 796.07(2)(f),
24 Florida Statutes. A person convicted for a first or second
25 time under s. 796.07, Florida Statutes, shall be given the
26 option to attend a rehabilitative educational program
27 recommended by the court for solicitors or buyers of
28 prostitution services. If the person convicted chooses this
29 option, adjudication shall be withheld pending the completion
30 of the requirements of such program. The person is required to
31 attend six classes within 6 months and pay $350 in fees. The
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CS/HB 415, First Engrossed
1 program provider shall provide monthly tracking of the
2 person's attendance, progress, and attitude to the court until
3 the classes are completed.
4 Section 2. There is hereby appropriated for the
5 2002-2003 fiscal year from the General Revenue Fund $100,000
6 to Pinellas County and $100,000 to Hillsborough County for
7 Project HOPE.
8 Section 3. The Office of Program Policy Analysis and
9 Government Accountability shall conduct a program review of
10 Project HOPE for fiscal years 2002-2003 and 2003-2004 and
11 shall present a report of its findings and recommendations to
12 the President of the Senate and the Speaker of the House of
13 Representatives on or before December 1, 2004.
14 Section 4. Section 796.07, Florida Statutes, is
15 amended to read:
16 796.07 Prohibiting prostitution, etc.; evidence;
17 penalties; definitions.--
18 (1) As used in this section:
19 (a) "Prostitution" means the giving or receiving of
20 the body for sexual activity for hire but excludes sexual
21 activity between spouses.
22 (b) "Lewdness" means any indecent or obscene act.
23 (c) "Assignation" means the making of any appointment
24 or engagement for prostitution or lewdness, or any act in
25 furtherance of such appointment or engagement.
26 (d) "Sexual activity" means oral, anal, or vaginal
27 penetration by, or union with, the sexual organ of another;
28 anal or vaginal penetration of another by any other object; or
29 the handling or fondling of the sexual organ of another for
30 the purpose of masturbation; however, the term does not
31 include acts done for bona fide medical purposes.
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CS/HB 415, First Engrossed
1 (2) It is unlawful:
2 (a) To own, establish, maintain, or operate any place,
3 structure, building, or conveyance for the purpose of
4 lewdness, assignation, or prostitution.
5 (b) To offer, or to offer or agree to secure, another
6 for the purpose of prostitution or for any other lewd or
7 indecent act.
8 (c) To receive, or to offer or agree to receive, any
9 person into any place, structure, building, or conveyance for
10 the purpose of prostitution, lewdness, or assignation, or to
11 permit any person to remain there for such purpose.
12 (d) To direct, take, or transport, or to offer or
13 agree to direct, take, or transport, any person to any place,
14 structure, or building, or to any other person, with knowledge
15 or reasonable cause to believe that the purpose of such
16 directing, taking, or transporting is prostitution, lewdness,
17 or assignation.
18 (e) To offer to commit, or to commit, or to engage in,
19 prostitution, lewdness, or assignation.
20 (f) To solicit, induce, entice, or procure another to
21 commit prostitution, lewdness, or assignation.
22 (g) To reside in, enter, or remain in, any place,
23 structure, or building, or to enter or remain in any
24 conveyance, for the purpose of prostitution, lewdness, or
25 assignation.
26 (h) To aid, abet, or participate in any of the acts or
27 things enumerated in this subsection.
28 (i) To purchase the services of any person engaged in
29 prostitution.
30 (3) In the trial of a person charged with a violation
31 of this section, testimony concerning the reputation of any
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CS/HB 415, First Engrossed
1 place, structure, building, or conveyance involved in the
2 charge, testimony concerning the reputation of any person
3 residing in, operating, or frequenting such place, structure,
4 building, or conveyance, and testimony concerning the
5 reputation of the defendant is admissible in evidence in
6 support of the charge.
7 (4) A person who violates any provision of this
8 section commits:
9 (a) A misdemeanor of the second degree for a first
10 violation, punishable as provided in s. 775.082 or s. 775.083.
11 (b) A misdemeanor of the first degree for a second or
12 subsequent violation, punishable as provided in s. 775.082 or
13 s. 775.083.
14 (c) A felony of the third degree for a third or
15 subsequent violation, punishable as provided in s. 775.082, s.
16 775.083, or s. 775.084.
17 (5) A person who is charged with a third or subsequent
18 violation of this section shall be offered admission to a
19 pretrial intervention program or a substance abuse treatment
20 program, as provided in s. 948.08, after screening and
21 evaluation for substance abuse.
22 (6) A person who violates paragraph (2)(f) shall be
23 assessed a civil penalty of $500 if the violation results in
24 any judicial disposition other than acquittal or dismissal.
25 The proceeds from penalties assessed under this subsection
26 shall be paid to the circuit courts administrator for the sole
27 purpose of paying the administrative costs of mandatory
28 treatment-based drug court programs provided under s. 397.334.
29 Section 5. Subsection (7) is added to section 322.28,
30 Florida Statutes, to read:
31 322.28 Period of suspension or revocation.--
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CS/HB 415, First Engrossed
1 (7) Following a second or subsequent violation of s.
2 796.07(2)(f) which involves a motor vehicle and which results
3 in any judicial disposition other than acquittal or dismissal,
4 in addition to any other sentence imposed, the court shall
5 revoke the person's driver's license or driving privilege,
6 effective upon the date of the disposition, for a period of
7 not less than 1 year. A person sentenced under this subsection
8 may request a hearing under s. 322.271.
9 Section 6. Paragraph (a) of subsection (6) of section
10 948.08, Florida Statutes, is amended to read:
11 948.08 Pretrial intervention program.--
12 (6)(a) Notwithstanding any provision of this section,
13 a person who is charged with a felony of the second or third
14 degree for purchase or possession of a controlled substance
15 under chapter 893, prostitution, tampering with evidence,
16 solicitation for purchase of a controlled substance, or
17 obtaining a prescription by fraud; who has not been charged
18 with a crime involving violence, including, but not limited
19 to, murder, sexual battery, robbery, carjacking, home-invasion
20 robbery, or any other crime involving violence; and who has
21 not previously been convicted of a felony nor been admitted to
22 a felony pretrial program referred to in this section is
23 eligible for admission into a pretrial substance abuse
24 education and treatment intervention program approved by the
25 chief judge of the circuit, for a period of not less than 1
26 year in duration, upon motion of either party or the court's
27 own motion, except:
28 1. If a defendant was previously offered admission to
29 a pretrial substance abuse education and treatment
30 intervention program at any time prior to trial and the
31 defendant rejected that offer on the record, then the court or
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CS/HB 415, First Engrossed
1 the state attorney may deny the defendant's admission to such
2 a program.
3 2. If the state attorney believes that the facts and
4 circumstances of the case suggest the defendant's involvement
5 in the dealing and selling of controlled substances, the court
6 shall hold a preadmission hearing. If the state attorney
7 establishes, by a preponderance of the evidence at such
8 hearing, that the defendant was involved in the dealing or
9 selling of controlled substances, the court shall deny the
10 defendant's admission into a pretrial intervention program.
11 Section 7. This act shall take effect July 1, 2002.
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