1

The Committee on Commerce (Crist) recommended the following

2

amendment:

3

4

     Senate Amendment (with title amendment)

5

     Delete everything after the enacting clause

6

and insert:

7

     Section 1.  Present subsection (11) of section 559.927,

8

Florida Statutes, is redesignated as subsection (12), and a new

9

subsection (11) is added to that section, to read:

10

     559.927  Definitions.--For the purposes of this part, the

11

term:

12

     (11) "Travel for commercial sexual purposes" means travel,

13

transportation, or vacation services provided for the purposes of

14

enabling the customer to engage in prostitution or engage a

15

prostitute as defined in s. 796.07 or to engage in a sexual act,

16

sexual contact, sexual touching, or sexual activity, as defined

17

in s. 796.07, for which anything of value is given to, promised

18

to, or received by a person.

19

     Section 2.  Subsections (1), (3), and (9) of section

20

559.928, Florida Statutes, are amended to read:

21

     559.928  Registration.--

22

     (1)  Each seller of travel shall annually register with the

23

department, providing: its legal business or trade name, mailing

24

address, and business locations; the full names, addresses,

25

telephone numbers, and social security numbers of its owners or

26

corporate officers and directors and the Florida agent of the

27

corporation; a statement whether it is a domestic or foreign

28

corporation, its state and date of incorporation, its charter

29

number, and, if a foreign corporation, the date it registered

30

with the State of Florida, and occupational license where

31

applicable; the date on which a seller of travel registered its

32

fictitious name if the seller of travel is operating under a

33

fictitious or trade name; the name of all other corporations,

34

business entities, and trade names through which each owner of

35

the seller of travel operated, was known, or did business as a

36

seller of travel within the preceding 5 years; a list of all

37

authorized independent agents, including the agent's trade name,

38

full name, mailing address, business address, telephone numbers,

39

and social security number; the business location and address of

40

each branch office and full name and address of the manager or

41

supervisor; and proof of purchase of adequate bond or

42

establishment of a letter of credit or certificate of deposit as

43

required in this part. The registration documents sent to the

44

department must include a statement that the seller of travel

45

does not offer for sale, facilitate, or promote travel services

46

for commercial sexual purposes. A certificate evidencing proof of

47

registration shall be issued by the department and must be

48

prominently displayed in the seller of travel's primary place of

49

business.

50

     (3)  Each independent agent shall annually file an affidavit

51

with the department prior to engaging in business in this state.

52

This affidavit must include the independent agent's full name,

53

legal business or trade name, mailing address, business address,

54

telephone number, social security number, and the name or names

55

and addresses of each seller of travel represented by the

56

independent agent. The affidavit must also state that the

57

independent agent does not offer for sale, facilitate, or promote

58

travel services for commercial sexual purposes. A letter

59

evidencing proof of filing must be issued by the department and

60

must be prominently displayed in the independent agent's primary

61

place of business. As used in this subsection, the term

62

"independent agent" means a person who represents a seller of

63

travel by soliciting persons on its behalf; who has a written

64

contract with a seller of travel which is operating in compliance

65

with this part and any rules adopted thereunder; who does not

66

receive a fee, commission, or other valuable consideration

67

directly from the purchaser for the seller of travel; who does

68

not at any time have any unissued ticket stock or travel

69

documents in his or her possession; and who does not have the

70

ability to issue tickets, vacation certificates, or any other

71

travel document. The term "independent agent" does not include an

72

affiliate of the seller of travel, as that term is used in s.

73

559.935(3), or the employees of the seller of travel or of such

74

affiliates.

75

     (9)  The department may deny or refuse to renew the

76

registration of any seller of travel based upon a determination

77

that the seller of travel, or any of its directors, officers,

78

owners, or general partners:

79

     (a)  Has failed to meet the requirements for registration as

80

provided in this part;

81

     (b)  Has been convicted of a crime involving fraud,

82

dishonest dealing, or any other act of moral turpitude;

83

     (c)  Has not satisfied a civil fine or penalty arising out

84

of any administrative or enforcement action brought by any

85

governmental agency or private person based upon conduct

86

involving fraud, dishonest dealing, or any violation of this

87

part;

88

     (d)  Has pending against her or him any criminal,

89

administrative, or enforcement proceedings in any jurisdiction,

90

based upon conduct involving fraud, dishonest dealing, or any

91

other act of moral turpitude; or

92

     (e) Has offered for sale, facilitated, advertised, or

93

promoted travel services for commercial sexual purposes; or

94

     (f)(e) Has had a judgment entered against her or him in any

95

action brought by the department or the Department of Legal

96

Affairs pursuant to ss. 501.201-501.213 or this part.

97

     Section 3.  Subsection (25) is added to section 559.9335,

98

Florida Statutes, to read:

99

     559.9335  Violations.--It is a violation of this part for

100

any person:

101

     (25) To offer for sale, facilitate, advertise, or promote

102

travel services for commercial sexual purposes.

103

     Section 4.  Section 559.937, Florida Statutes, is amended to

104

read:

105

     559.937 Criminal penalties; freezing of assets.--

106

     (1) Except as provided in subsection (2), any person or

107

business that which violates this part commits a misdemeanor of

108

the first degree, punishable as provided in s. 775.082 or s.

109

775.083.

110

     (2)(a) A seller of travel or independent agent may not

111

offer for sale, promote, advertise, or otherwise facilitate

112

travel for commercial sexual purposes.

113

     (b) A seller of travel or independent agent who violates

114

paragraph (a) commits a felony of the second degree, punishable

115

as provided in s. 775.082, s. 775.083, or s. 775.084.

116

     (3)(a) A court may issue an attachment order directing a

117

financial institution to freeze some or all of the funds or

118

assets deposited with or held by the financial institution by or

119

on behalf of a seller of travel or independent agent when there

120

exists a reasonable suspicion that the seller of travel or

121

independent agent has violated or is about to violate paragraph

122

(2)(a).

123

     (b) A petition to attach assets must be filed by the

124

department and must contain:

125

     1. A statement of facts relied upon by the department,

126

including the details of the particular offense that is about to

127

be committed or that has been committed; and

128

     2. Identification of the name and financial institution

129

account number of the seller of travel or independent agent.

130

     (c) If the court finds there exists a reasonable suspicion

131

that the seller of travel or independent agent has violated or is

132

about to violate paragraph (2)(a), that the accounts of the

133

seller of travel or independent agent can be specifically

134

identified, and that it is necessary to freeze the account

135

holder's funds or assets in order to ensure eventual restitution

136

to victims of the alleged offense, the court may order a

137

financial institution to freeze all or part of the deposited

138

funds or assets of the seller of travel or independent agent so

139

that the funds or assets may not be withdrawn or disposed of

140

until further order of the court.

141

     Section 5.  This act shall take effect July 1, 2008.

142

143

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

144

And the title is amended as follows:

145

146

     Delete everything before the enacting clause

147

and insert:

148

A bill to be entitled

149

An act relating to travel for commercial sexual purposes;

150

amending s. 559.927, F.S.; defining the term "travel for

151

commercial sexual purposes"; amending s. 559.928, F.S.;

152

requiring the seller of travel to include in the initial

153

registration documents, and in the annual affidavit to

154

renew the registration, sent to the Department of

155

Agriculture and Consumer Services a statement that the

156

seller of travel does not offer for sale, facilitate, or

157

promote travel services for commercial sexual purposes;

158

providing that the department may deny or refuse to renew

159

the registration of any seller of travel based upon a

160

determination that the seller of travel has offered for

161

sale, facilitated, advertised, or promoted travel services

162

for commercial sexual purposes; amending s. 559.9335,

163

F.S.; providing that an offer of sale, an advertisement,

164

or a promotion of travel services for commercial sexual

165

purposes is a violation of part IX of ch. 559, F.S.;

166

amending s. 559.937, F.S.; providing that a seller of

167

travel who offers for sale, facilitates, advertises, or

168

promotes travel services for commercial sexual purposes

169

commits a felony of the second degree; providing criminal

170

penalties; authorizing a court to freeze the assets of a

171

seller of travel who has or is about to commit such

172

offense; providing procedures; providing an effective

173

date.

3/24/2008  8:50:00 AM     12-05489-08