Senate Bill sb0570

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                   SB 570

    By Senator Miller





    21-692-02                                           See HB 415

  1                      A bill to be entitled

  2         An act relating to prostitution; amending s.

  3         796.07, F.S.; requiring certain offenders to be

  4         screened for substance abuse; requiring an

  5         offender who tests positive for substance abuse

  6         to attend a treatment program under certain

  7         circumstances; providing requirements for

  8         sentencing a defendant for failure to complete

  9         the treatment program; providing an effective

10         date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  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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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                   SB 570
    21-692-02                                           See HB 415




  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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    Florida Senate - 2002                                   SB 570
    21-692-02                                           See HB 415




  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. An offender referred to treatment under subsection

14  (5) who fails to report for and complete the substance abuse

15  treatment program shall be sentenced under this paragraph to a

16  term of imprisonment, at the discretion of the judge.

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

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

19  s. 775.083. An offender referred to treatment under subsection

20  (5) who fails to report for and complete the substance abuse

21  treatment program shall be sentenced under this paragraph to

22  the maximum term of imprisonment.

23         (5)  A person who violates the provisions of this

24  section two or more times shall undergo screening and

25  evaluation for substance abuse prior to sentencing. After

26  screening and evaluation for substance abuse, he or she shall

27  enter into an authorized substance abuse treatment program, if

28  recommended.

29         Section 2.  This act shall take effect October 1, 2002.

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






    Florida Senate - 2002                                   SB 570
    21-692-02                                           See HB 415




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  2                          HOUSE SUMMARY

  3    Requires certain offenders to be screened for substance
      abuse. Requires an offender who tests positive for
  4    substance abuse to attend a treatment program, under
      certain circumstances. Provides requirements for
  5    sentencing a defendant for failure to complete the
      treatment program.
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CODING: Words stricken are deletions; words underlined are additions.