| 1 | The Criminal Justice Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to prostitution; amending s. 796.07, F.S.; |
| 7 | providing for reclassification of penalties for certain |
| 8 | violations committed within a specified distance of |
| 9 | certain locations; providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Subsection (4) of section 796.07, Florida |
| 14 | Statutes, is amended to read: |
| 15 | 796.07 Prohibiting prostitution, etc.; evidence; |
| 16 | penalties; definitions.-- |
| 17 | (4)(a) A person who violates any provision of this section |
| 18 | commits: |
| 19 | 1.(a) A misdemeanor of the second degree for a first |
| 20 | violation, punishable as provided in s. 775.082 or s. 775.083. |
| 21 | 2.(b) A misdemeanor of the first degree for a second |
| 22 | violation, punishable as provided in s. 775.082 or s. 775.083. |
| 23 | 3.(c) A felony of the third degree for a third or |
| 24 | subsequent violation, punishable as provided in s. 775.082, s. |
| 25 | 775.083, or s. 775.084. |
| 26 | (b) If a felony or misdemeanor violation of this section |
| 27 | was committed within 1,000 feet of the real property comprising |
| 28 | a child care facility as defined in s. 402.302 that is in |
| 29 | compliance with the signage requirements for child care |
| 30 | facilities in s. 893.13(1)(c); a public or private elementary, |
| 31 | middle, or secondary school; or a physical place for worship |
| 32 | where a church or religious organization regularly conducts |
| 33 | religious services; or in, on, or within 1,000 feet of real |
| 34 | property comprising a state, county, or municipal park, a |
| 35 | community center, or a publicly owned recreational facility, the |
| 36 | penalty shall be reclassified as follows: |
| 37 | 1. A misdemeanor of the second degree is reclassified to a |
| 38 | misdemeanor of the first degree. |
| 39 | 2. A misdemeanor of the first degree is reclassified to a |
| 40 | felony of the third degree. |
| 41 | 3. A felony of the third degree is reclassified to a |
| 42 | felony of the second degree. |
| 43 | Section 2. This act shall take effect October 1, 2006. |