CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. CS for SB 570

    Amendment No. ___   Barcode 153036

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
  1                                .
                                   .
  2                                .
                                   .
  3                                .
                                   .
  4  ______________________________________________________________

  5

  6

  7

  8

  9

10  ______________________________________________________________

11  Senator Smith moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 2, lines 29 and 30, delete those lines

15

16  and insert:

17         Section 4.  Section 796.07, Florida Statutes, is

18  amended to read:

19         796.07  Prohibiting prostitution, etc.; evidence;

20  penalties; definitions.--

21         (1)  As used in this section:

22         (a)  "Prostitution" means the giving or receiving of

23  the body for sexual activity for hire but excludes sexual

24  activity between spouses.

25         (b)  "Lewdness" means any indecent or obscene act.

26         (c)  "Assignation" means the making of any appointment

27  or engagement for prostitution or lewdness, or any act in

28  furtherance of such appointment or engagement.

29         (d)  "Sexual activity" means oral, anal, or vaginal

30  penetration by, or union with, the sexual organ of another;

31  anal or vaginal penetration of another by any other object; or

                                  1
    4:25 PM   03/07/02                              s0570c1c-05j01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 570

    Amendment No. ___   Barcode 153036





  1  the handling or fondling of the sexual organ of another for

  2  the purpose of masturbation; however, the term does not

  3  include acts done for bona fide medical purposes.

  4         (2)  It is unlawful:

  5         (a)  To own, establish, maintain, or operate any place,

  6  structure, building, or conveyance for the purpose of

  7  lewdness, assignation, or prostitution.

  8         (b)  To offer, or to offer or agree to secure, another

  9  for the purpose of prostitution or for any other lewd or

10  indecent act.

11         (c)  To receive, or to offer or agree to receive, any

12  person into any place, structure, building, or conveyance for

13  the purpose of prostitution, lewdness, or assignation, or to

14  permit any person to remain there for such purpose.

15         (d)  To direct, take, or transport, or to offer or

16  agree to direct, take, or transport, any person to any place,

17  structure, or building, or to any other person, with knowledge

18  or reasonable cause to believe that the purpose of such

19  directing, taking, or transporting is prostitution, lewdness,

20  or assignation.

21         (e)  To offer to commit, or to commit, or to engage in,

22  prostitution, lewdness, or assignation.

23         (f)  To solicit, induce, entice, or procure another to

24  commit prostitution, lewdness, or assignation.

25         (g)  To reside in, enter, or remain in, any place,

26  structure, or building, or to enter or remain in any

27  conveyance, for the purpose of prostitution, lewdness, or

28  assignation.

29         (h)  To aid, abet, or participate in any of the acts or

30  things enumerated in this subsection.

31         (i)  To purchase the services of any person engaged in

                                  2
    4:25 PM   03/07/02                              s0570c1c-05j01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 570

    Amendment No. ___   Barcode 153036





  1  prostitution.

  2         (3)  In the trial of a person charged with a violation

  3  of this section, testimony concerning the reputation of any

  4  place, structure, building, or conveyance involved in the

  5  charge, testimony concerning the reputation of any person

  6  residing in, operating, or frequenting such place, structure,

  7  building, or conveyance, and testimony concerning the

  8  reputation of the defendant is admissible in evidence in

  9  support of the charge.

10         (4)  A person who violates any provision of this

11  section commits:

12         (a)  A misdemeanor of the second degree for a first

13  violation, punishable as provided in s. 775.082 or s. 775.083.

14         (b)  A misdemeanor of the first degree for a second or

15  subsequent violation, punishable as provided in s. 775.082 or

16  s. 775.083.

17         (c)  A felony of the third degree for a third or

18  subsequent violation, punishable as provided in s. 775.082, s.

19  775.083, or s. 775.084.

20         (5)  A person who is charged with a third or subsequent

21  violation of this section shall be offered admission to a

22  pretrial intervention program or a substance-abuse treatment

23  program as provided in s. 948.08.

24         (6)  A person who violates paragraph (2)(f) shall be

25  assessed a civil penalty of $500 if the violation results in

26  any judicial disposition other than acquittal or dismissal.

27  The proceeds from penalties assessed under this subsection

28  shall be paid to the circuit courts administrator for the sole

29  purpose of paying the administrative costs of mandatory

30  treatment-based drug court programs provided under s. 397.334.

31         Section 5.  Subsection (7) is added to section 322.28,

                                  3
    4:25 PM   03/07/02                              s0570c1c-05j01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 570

    Amendment No. ___   Barcode 153036





  1  Florida Statutes, to read:

  2         322.28  Period of suspension or revocation.--

  3         (7)  Following a second or subsequent violation of s.

  4  796.07(2)(f) which involves a motor vehicle and which results

  5  in any judicial disposition other than acquittal or dismissal,

  6  in addition to any other sentence imposed, the court shall

  7  revoke the person's driver's license or driving privilege,

  8  effective upon the date of the disposition, for a period of

  9  not less than 1 year. A person sentenced under this subsection

10  may request a hearing under s. 322.271.

11         Section 6.  Paragraph (a) of subsection (6) of section

12  948.08, Florida Statutes, is amended to read:

13         948.08  Pretrial intervention program.--

14         (6)(a)  Notwithstanding any provision of this section,

15  a person who is charged with a felony of the second or third

16  degree for purchase or possession of a controlled substance

17  under chapter 893, prostitution, tampering with evidence,

18  solicitation for purchase of a controlled substance, or

19  obtaining a prescription by fraud; who has not been charged

20  with a crime involving violence, including, but not limited

21  to, murder, sexual battery, robbery, carjacking, home-invasion

22  robbery, or any other crime involving violence; and who has

23  not previously been convicted of a felony nor been admitted to

24  a felony pretrial program referred to in this section is

25  eligible for admission into a pretrial substance abuse

26  education and treatment intervention program approved by the

27  chief judge of the circuit, for a period of not less than 1

28  year in duration, upon motion of either party or the court's

29  own motion, except:

30         1.  If a defendant was previously offered admission to

31  a pretrial substance abuse education and treatment

                                  4
    4:25 PM   03/07/02                              s0570c1c-05j01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 570

    Amendment No. ___   Barcode 153036





  1  intervention program at any time prior to trial and the

  2  defendant rejected that offer on the record, then the court or

  3  the state attorney may deny the defendant's admission to such

  4  a program.

  5         2.  If the state attorney believes that the facts and

  6  circumstances of the case suggest the defendant's involvement

  7  in the dealing and selling of controlled substances, the court

  8  shall hold a preadmission hearing. If the state attorney

  9  establishes, by a preponderance of the evidence at such

10  hearing, that the defendant was involved in the dealing or

11  selling of controlled substances, the court shall deny the

12  defendant's admission into a pretrial intervention program.

13         Section 7.  This act shall take effect July 1, 2002.

14

15

16  ================ T I T L E   A M E N D M E N T ===============

17  And the title is amended as follows:

18         On page 1, line 12, after the semicolon,

19

20  insert:

21         amending s. 796.07, F.S.; providing that a

22         third or subsequent violation of provisions

23         prohibiting prostitution, certain activities

24         related to prostitution, or the purchase of

25         services from a person engaged in prostitution

26         is a third-degree felony rather than a

27         second-degree misdemeanor; providing that a

28         person charged with such offense may be offered

29         admission to a pretrial intervention program or

30         substance-abuse treatment program; amending s.

31         322.28, F.S.; requiring that the court revoke a

                                  5
    4:25 PM   03/07/02                              s0570c1c-05j01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 570

    Amendment No. ___   Barcode 153036





  1         person's driver's license or driving privilege

  2         following a second or subsequent conviction of

  3         certain offenses of solicitation for

  4         prostitution which involve a motor vehicle;

  5         amending s. 948.08, F.S., relating to the

  6         pretrial intervention program; conforming

  7         provisions to changes made by the act;

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  6
    4:25 PM   03/07/02                              s0570c1c-05j01