Florida Senate - 2008 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 1722 & SB 2478
913076
591-07465-08
Proposed Committee Substitute by the Committee on Criminal Justice
1
A bill to be entitled
2
An act relating to sex trafficking; amending s. 559.927,
3
F.S.; defining the term "travel for commercial sexual
4
purposes"; amending s. 559.928, F.S.; requiring the seller
5
of travel to include in the initial registration
6
documents, and in the annual affidavit to renew the
7
registration, sent to the Department of Agriculture and
8
Consumer Services a statement that the seller of travel
9
does not offer for sale, facilitate, or promote travel
10
services for commercial sexual purposes; providing that
11
the department may deny or refuse to renew the
12
registration of any seller of travel based upon a
13
determination that the seller of travel has offered for
14
sale, facilitated, advertised, or promoted travel services
15
for commercial sexual purposes; amending s. 559.9335,
16
F.S.; providing that an offer of sale, an advertisement,
17
or a promotion of travel services for commercial sexual
18
purposes is a violation of part IX of ch. 559, F.S.;
19
amending s. 559.937, F.S.; providing that a seller of
20
travel who offers for sale, facilitates, advertises, or
21
promotes travel services for commercial sexual purposes
22
commits a felony of the second degree; providing criminal
23
penalties; authorizing a court to freeze the assets of a
24
seller of travel who has or is about to commit such
25
offense; providing procedures; amending s. 772.102, F.S.;
26
expanding the definition of the term "criminal activity"
27
to include the offense of facilitating certain offenses
28
for purposes of seeking civil remedies for criminal
29
offenses; amending s. 775.21, F.S.; conforming cross-
30
references; creating s. 796.011, F.S.; providing
31
definitions; amending s. 796.03, F.S.; increasing
32
penalties for procuring a minor for prostitution; amending
33
s. 796.04, F.S.; providing enhanced penalties for forcing,
34
compelling, or coercing another to become a prostitute;
35
renumbering and amending s. 796.035, F.S., and amending s.
36
796.045, F.S.; increasing penalties for selling or buying
37
minors into sex trafficking or prostitution; revising
38
provisions relating to sex trafficking; increasing
39
penalties; amending s. 796.05, F.S.; revising provisions
40
prohibiting deriving support or maintenance from earnings
41
of prostitution; providing penalties; amending s. 796.06,
42
F.S.; revising provisions prohibiting rental of certain
43
facilities for prohibited activities; amending s. 796.07,
44
F.S.; revising provisions prohibiting prostitution,
45
lewdness, and assignation; providing penalties; amending
46
s. 796.09, F.S.; revising provisions providing a civil
47
action against persons who coerce or induce certain
48
activities; requiring the court to award prevailing
49
plaintiffs reasonable attorney's fees and costs; creating
50
s. 796.10, F.S.; defining the term "business entity";
51
providing that a business entity convicted of a violation
52
of chapter 796, F.S., may be subject to specified
53
sanctions and forfeiture of property; amending s. 823.05,
54
F.S.; providing that a place used for specified violations
55
relating to prostitution may be declared a public nuisance
56
and abated or enjoined; amending s. 893.138, F.S.;
57
providing additional prostitution offenses that may
58
subject a place to being declared a public nuisance by a
59
county or municipality and abated pursuant to specified
60
provisions; amending s. 895.02, F.S.; redefining the term
61
"racketeering activity" to revise the offenses included
62
for purposes of the Florida RICO Act; amending s.
63
921.0022, F.S.; conforming the offense severity ranking
64
chart of the Criminal Punishment Code; amending ss.
65
322.28, 943.0435, 944.606, and 944.607, F.S.; conforming
66
cross-references; providing an effective date.
67
68
Be It Enacted by the Legislature of the State of Florida:
69
70
Section 1. Present subsection (11) of section 559.927,
71
Florida Statutes, is redesignated as subsection (12), and a new
72
subsection (11) is added to that section, to read:
73
559.927 Definitions.--For the purposes of this part, the
74
term:
75
(11) "Travel for commercial sexual purposes" means travel,
76
transportation, or vacation services provided for the purposes of
77
enabling the customer to engage in prostitution or engage a
78
prostitute as defined in s. 796.07 or to engage in a sexual act,
79
sexual contact, sexual touching, or sexual activity, as defined
80
in s. 796.07, for which anything of value is given to, promised
81
to, or received by a person.
82
Section 2. Subsections (1), (3), and (9) of section
83
559.928, Florida Statutes, are amended to read:
84
559.928 Registration.--
85
(1) Each seller of travel shall annually register with the
86
department, providing: its legal business or trade name, mailing
87
address, and business locations; the full names, addresses,
88
telephone numbers, and social security numbers of its owners or
89
corporate officers and directors and the Florida agent of the
90
corporation; a statement whether it is a domestic or foreign
91
corporation, its state and date of incorporation, its charter
92
number, and, if a foreign corporation, the date it registered
93
with the State of Florida, and occupational license where
94
applicable; the date on which a seller of travel registered its
95
fictitious name if the seller of travel is operating under a
96
fictitious or trade name; the name of all other corporations,
97
business entities, and trade names through which each owner of
98
the seller of travel operated, was known, or did business as a
99
seller of travel within the preceding 5 years; a list of all
100
authorized independent agents, including the agent's trade name,
101
full name, mailing address, business address, telephone numbers,
102
and social security number; the business location and address of
103
each branch office and full name and address of the manager or
104
supervisor; and proof of purchase of adequate bond or
105
establishment of a letter of credit or certificate of deposit as
106
required in this part. The registration documents sent to the
107
department must include a statement that the seller of travel
108
does not offer for sale, facilitate, or promote travel services
109
for commercial sexual purposes. A certificate evidencing proof of
110
registration shall be issued by the department and must be
111
prominently displayed in the seller of travel's primary place of
112
business.
113
(3) Each independent agent shall annually file an affidavit
114
with the department prior to engaging in business in this state.
115
T
116
legal business or trade name, mailing address, business address,
117
telephone number, social security number, and the name or names
118
and addresses of each seller of travel represented by the
119
independent agent. The affidavit must also state that the
120
independent agent does not offer for sale, facilitate, or promote
121
travel services for commercial sexual purposes. A letter
122
evidencing proof of filing must be issued by the department and
123
must be prominently displayed in the independent agent's primary
124
place of business. As used in this subsection, the term
125
"independent agent" means a person who represents a seller of
126
travel by soliciting persons on its behalf; who has a written
127
contract with a seller of travel which is operating in compliance
128
with this part and any rules adopted thereunder; who does not
129
receive a fee, commission, or other valuable consideration
130
d
131
not at any time have any unissued ticket stock or travel
132
documents in his or her possession; and who does not have the
133
ability to issue tickets, vacation certificates, or any other
134
travel document. The term "independent agent" does not include an
135
affiliate of the seller of travel, as that term is used in s.
136
559.935(3), or the employees of the seller of travel or of such
137
affiliates.
138
(9) The department may deny or refuse to renew the
139
registration of any seller of travel based upon a determination
140
that the seller of travel, or any of its directors, officers,
141
owners, or general partners:
142
(a) Has failed to meet the requirements for registration as
143
provided in this part;
144
(b) Has been convicted of a crime involving fraud,
145
dishonest dealing, or any other act of moral turpitude;
146
(c) Has not satisfied a civil fine or penalty arising out
147
of any administrative or enforcement action brought by any
148
governmental agency or private person based upon conduct
149
involving fraud, dishonest dealing, or any violation of this
150
part;
151
(d) Has pending against her or him any criminal,
152
a
153
based upon conduct involving fraud, dishonest dealing, or any
154
other act of moral turpitude; or
155
(e) Has offered for sale, facilitated, advertised, or
156
promoted travel services for commercial sexual purposes; or
157
(f)(e) Has had a judgment entered against her or him in any
158
action brought by the department or the Department of Legal
159
Affairs pursuant to ss. 501.201-501.213 or this part.
160
Section 3. Subsection (25) is added to section 559.9335,
161
Florida Statutes, to read:
162
559.9335 Violations.--It is a violation of this part for
163
any person:
164
(25) To offer for sale, facilitate, advertise, or promote
165
travel services for commercial sexual purposes.
166
Section 4. Section 559.937, Florida Statutes, is amended to
167
read:
168
559.937 Criminal penalties; freezing of assets.--
169
(1) Except as provided in subsection (2), any person or
170
business that which violates this part commits a misdemeanor of
171
the first degree, punishable as provided in s. 775.082 or s.
172
775.083.
173
(2)(a) A seller of travel or independent agent may not
174
offer for sale, promote, advertise, or otherwise facilitate
175
travel for commercial sexual purposes.
176
(b) A seller of travel or independent agent who violates
177
paragraph (a) commits a felony of the second degree, punishable
178
as provided in s. 775.082, s. 775.083, or s. 775.084.
179
(3)(a) A court may issue an attachment order directing a
180
financial institution to freeze some or all of the funds or
181
assets deposited with or held by the financial institution by or
182
on behalf of a seller of travel or independent agent when there
183
exists a reasonable suspicion that the seller of travel or
184
independent agent has violated or is about to violate paragraph
185
(2)(a).
186
(b) A petition to attach assets must be filed by the
187
department and must contain:
188
1. A statement of facts relied upon by the department,
189
including the details of the particular offense that is about to
190
be committed or that has been committed; and
191
2. Identification of the name and financial institution
192
account number of the seller of travel or independent agent.
193
(c) If the court finds there exists a reasonable suspicion
194
that the seller of travel or independent agent has violated or is
195
about to violate paragraph (2)(a), that the accounts of the
196
seller of travel or independent agent can be specifically
197
identified, and that it is necessary to freeze the account
198
holder's funds or assets in order to ensure eventual restitution
199
to victims of the alleged offense, the court may order a
200
financial institution to freeze all or part of the deposited
201
funds or assets of the seller of travel or independent agent so
202
that the funds or assets may not be withdrawn or disposed of
203
until further order of the court.
204
Section 5. Paragraph (a) of subsection (1) of section
205
7
206
772.102 Definitions.--As used in this chapter, the term:
207
(1) "Criminal activity" means to commit, to attempt to
208
commit, to conspire to commit, or to solicit, coerce, or
209
intimidate another person to commit:
210
211
(a) Any crime that is chargeable by indictment or
212
information under the following provisions:
213
1. Section 210.18, relating to evasion of payment of
214
cigarette taxes.
215
216
2. Section 414.39, relating to public assistance fraud.
217
3. Section 440.105 or s. 440.106, relating to workers'
218
compensation.
219
4. Part IV of chapter 501, relating to telemarketing.
220
221
5. Chapter 517, relating to securities transactions.
222
6. Section 550.235, s. 550.3551, or s. 550.3605, relating
223
to dogracing and horseracing.
224
7. Chapter 550, relating to jai alai frontons.
225
8. Chapter 552, relating to the manufacture, distribution,
226
and use of explosives.
227
9. Chapter 562, relating to beverage law enforcement.
228
10. Section 624.401, relating to transacting insurance
229
without a certificate of authority, s. 624.437(4)(c)1., relating
230
to operating an unauthorized multiple-employer welfare
231
arrangement, or s. 626.902(1)(b), relating to representing or
232
aiding an unauthorized insurer.
233
11. Chapter 687, relating to interest and usurious
234
practices.
235
12. Section 721.08, s. 721.09, or s. 721.13, relating to
236
real estate timeshare plans.
237
13. Chapter 782, relating to homicide.
238
14. Chapter 784, relating to assault and battery.
239
15. Chapter 787, relating to kidnapping or human
240
trafficking.
241
16. Chapter 790, relating to weapons and firearms.
242
17. Section 796.03, s. 796.04, s. 796.045, s. 796.05, s.
243
796.06, or s. 796.07, relating to prostitution.
244
18. Chapter 806, relating to arson.
245
246
19. Section 810.02(2)(c), relating to specified burglary of
247
a dwelling or structure.
248
20. Chapter 812, relating to theft, robbery, and related
249
crimes.
250
21. Chapter 815, relating to computer-related crimes.
251
22. Chapter 817, relating to fraudulent practices, false
252
pretenses, fraud generally, and credit card crimes.
253
23. Section 827.071, relating to commercial sexual
254
exploitation of children.
255
24. Chapter 831, relating to forgery and counterfeiting.
256
25. Chapter 832, relating to issuance of worthless checks
257
and drafts.
258
26. Section 836.05, relating to extortion.
259
27. Chapter 837, relating to perjury.
260
28. Chapter 838, relating to bribery and misuse of public
261
office.
262
29. Chapter 843, relating to obstruction of justice.
263
30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
264
s. 847.07, relating to obscene literature and profanity.
265
31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
266
849.25, relating to gambling.
267
32. Chapter 893, relating to drug abuse prevention and
268
control.
269
33. Section 914.22 or s. 914.23, relating to witnesses,
270
v
271
34. Section 918.12 or s. 918.13, relating to tampering with
272
jurors and evidence.
273
Section 6. Paragraph (a) of subsection (4) and paragraph
274
(b) of subsection (10) of section 775.21, Florida Statutes, are
275
a
276
775.21 The Florida Sexual Predators Act.--
277
(4) SEXUAL PREDATOR CRITERIA.--
278
(a) For a current offense committed on or after October 1,
279
1993, upon conviction, an offender shall be designated as a
280
"sexual predator" under subsection (5), and subject to
281
registration under subsection (6) and community and public
282
notification under subsection (7) if:
283
1. The felony is:
284
a. A capital, life, or first-degree felony violation, or
285
any attempt thereof, of s. 787.01 or s. 787.02, where the victim
286
i
287
guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
288
violation of a similar law of another jurisdiction; or
289
b. Any felony violation, or any attempt thereof, of s.
290
787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
291
minor and the defendant is not the victim's parent or guardian;
292
s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03;
293
former s. 796.035; s. 796.045(2); s. 800.04; s. 825.1025(2)(b);
294
s. 827.071; s. 847.0145; or s. 985.701(1); or a violation of a
295
similar law of another jurisdiction, and the offender has
296
p
297
pled nolo contendere or guilty to, regardless of adjudication,
298
any violation of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
299
the victim is a minor and the defendant is not the victim's
300
parent or guardian; s. 794.011, excluding s. 794.011(10); s.
301
794.05; s. 796.03; former s. 796.035; s. 796.045(2); s. 800.04;
302
s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
303
847.0135(4); s. 847.0145; or s. 985.701(1); or a violation of a
304
similar law of another jurisdiction;
305
2. The offender has not received a pardon for any felony or
306
similar law of another jurisdiction that is necessary for the
307
operation of this paragraph; and
308
3. A conviction of a felony or similar law of another
309
jurisdiction necessary to the operation of this paragraph has not
310
been set aside in any postconviction proceeding.
311
(10) PENALTIES.--
312
(b) A sexual predator who has been convicted of or found to
313
have committed, or has pled nolo contendere or guilty to,
314
regardless of adjudication, any violation, or attempted
315
violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
316
the victim is a minor and the defendant is not the victim's
317
parent or guardian; s. 794.011, excluding s. 794.011(10); s.
318
794.05; s. 796.03; former s. 796.035; s. 796.045(2); s. 800.04;
319
s. 827.071; s. 847.0133; s. 847.0145; or s. 985.701(1); or a
320
violation of a similar law of another jurisdiction when the
321
victim of the offense was a minor, and who works, whether for
322
compensation or as a volunteer, at any business, school, day care
323
center, park, playground, or other place where children regularly
324
congregate, commits a felony of the third degree, punishable as
325
provided in s. 775.082, s. 775.083, or s. 775.084.
326
327
Section 7. Section 796.011, Florida Statutes, is created to
328
read:
329
796.011 Definitions.--As used in this chapter, the term:
330
(1) "Assignation" means the making of any appointment or
331
engagement for prostitution or lewdness or any act in furtherance
332
of such appointment or engagement.
333
(2) "Coerces" means uses force or intimidation, or any
334
practice of domination or restraint, in order to bring about or
335
cause a person to take certain action. The term includes, but is
336
not limited to, the use of:
337
(a) Physical force or threat of physical force.
338
(b) Physical or mental torture.
339
(c) Kidnapping.
340
(d) Blackmail.
341
(e) Extortion or claims of indebtedness.
342
(f) Threat of legal complaint or report of delinquency.
343
(g) Threat to interfere with parental rights or
344
responsibilities, whether by judicial or administrative action or
345
otherwise.
346
(h) Restraint of speech or communication with others.
347
(i) Exploitation of a condition of developmental
348
disability, cognitive limitation, affective disorder, or
349
substance dependency.
350
(j) Exploitation of victimization by sexual abuse.
351
(k) Exploitation of pornographic performance.
352
(l) Exploitation of human needs for food, shelter, safety,
353
or affection.
354
(3) "Induces" means offers, promises, or withholds or
355
threatens to withhold, a benefit or advantage, whether legal,
356
financial, or otherwise, such as a promise of marriage,
357
employment, or material support or advantage, in order to bring
358
about or cause a person to take certain action.
359
(4) "Lewdness" means any indecent or obscene act.
360
(5) "Prostitution" means the giving or receiving of the
361
body for sexual activity for hire; however, the term does not
362
include sexual activity between spouses.
363
(6) "Sexual activity" means oral, anal, or vaginal
364
penetration by, or union with, the sexual organ of another; anal
365
or vaginal penetration of another by any other object; or the
366
handling or fondling of the sexual organ of another for the
367
purpose of masturbation; however, the term does not include acts
368
done for bona fide medical purposes.
369
Section 8. Section 796.03, Florida Statutes, is amended to
370
read:
371
796.03 Procuring minor person under age of 18 for
372
prostitution.--A person who procures for prostitution, or causes
373
to be prostituted, any minor person who is under the age of 18
374
years commits a felony of the first second degree, punishable as
375
provided in s. 775.082, s. 775.083, or s. 775.084.
376
Section 9. Section 796.04, Florida Statutes, is amended to
377
read:
378
796.04 Forcing, compelling, or coercing another to become a
379
p
380
(1) After May 1, 1943, It is shall be unlawful for anyone
381
to force, compel, or coerce another to become a prostitute.
382
(2) A person anyone violating this section commits shall be
383
guilty of a felony of the first third degree, punishable as
384
provided in s. 775.082, s. 775.083, or s. 775.084.
385
Section 10. Section 796.035, Florida Statutes, is
386
renumbered as subsection (2) of section 796.045, Florida
387
Statutes, and amended, and section 796.045, Florida Statutes, is
388
amended, to read:
389
796.045 Sex trafficking; penalties.--
390
(1)(a) Any person who knowingly recruits, entices, harbors,
391
transports, provides, or obtains by any means a person, knowing
392
that force, fraud, or coercion will be used to cause that person
393
to engage in prostitution, commits the offense of sex
394
trafficking, a felony of the first second degree, punishable as
395
provided in s. 775.082, s. 775.083, or s. 775.084.
396
(b) A person commits a life felony of the first degree,
397
punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
398
if the offense of sex trafficking is committed against a minor
399
person who is under the age of 14 or the if such offense results
400
in death.
401
(2) 796.035 Selling or buying of minors into sex
402
trafficking or prostitution; penalties.--Any parent, legal
403
guardian, or other person having custody or control of a minor
404
who sells or otherwise transfers custody or control of such
405
minor, or offers to sell or otherwise transfer custody of such
406
minor, with knowledge that, as a consequence of the sale or
407
transfer, force, fraud, or coercion will be used to cause the
408
minor to engage in prostitution or otherwise participate in the
409
t
410
degree, punishable as provided in s. 775.082, s. 775.083, or s.
411
775.084.
412
Section 11. Section 796.05, Florida Statutes, is amended to
413
read:
414
796.05 Deriving support from the proceeds of
415
prostitution.--
416
(1) It shall be unlawful for any person with reasonable
417
belief or knowing another person is engaged in prostitution to
418
live or derive support or maintenance in whole or in part,
419
directly or indirectly, from what is believed to be the earnings
420
or proceeds of such person's prostitution.
421
(2) Anyone violating this section commits a felony of the
422
third degree, punishable as provided in s. 775.082, s. 775.083,
423
or s. 775.084.
424
Section 12. Section 796.06, Florida Statutes, is amended to
425
read:
426
796.06 Use of space for prohibited activities; sanctions
427
Renting space to be used for lewdness, assignation, or
428
prostitution.--
429
(1) Any person who owns, lets, rents, maintains, controls,
430
or operates It is unlawful to let, or rent any place, structure,
431
building, or part thereof, or trailer or other conveyance, with
432
the knowledge or reasonable cause to believe that it is being
433
used, or will be used, in whole or in part, for the purpose of
434
any activity prohibited under this chapter commits a felony of
435
the third degree, punishable as provided in s. 775.082, s.
436
775.083, or s. 775.084 lewdness, assignation, or prostitution.
437
(2) A person who violates this section commits:
438
(a) A misdemeanor of the second degree for a first
439
violation, punishable as provided in s. 775.082 or s. 775.083.
440
(b) A misdemeanor of the first degree for a second or
441
subsequent violation, punishable as provided in s. 775.082 or s.
442
775.083.
443
Section 13. Section 796.07, Florida Statutes, is amended to
444
r
445
796.07 Prohibiting prostitution, lewdness, and assignation
446
etc.; evidence; penalties; definitions.--
447
(1) As used in this section:
448
(a) "Prostitution" means the giving or receiving of the
449
body for sexual activity for hire but excludes sexual activity
450
between spouses.
451
(b) "Lewdness" means any indecent or obscene act.
452
(c) "Assignation" means the making of any appointment or
453
engagement for prostitution or lewdness, or any act in
454
furtherance of such appointment or engagement.
455
(d) "Sexual activity" means oral, anal, or vaginal
456
penetration by, or union with, the sexual organ of another; anal
457
or vaginal penetration of another by any other object; or the
458
handling or fondling of the sexual organ of another for the
459
purpose of masturbation; however, the term does not include acts
460
done for bona fide medical purposes.
461
(1)(2) It is unlawful for a person:
462
(a) To own, establish, maintain, or operate any place,
463
structure, building, or conveyance for the purpose of lewdness,
464
assignation, or prostitution.
465
(a)(b) To offer, or to offer or agree to secure, any person
466
another for the purpose of prostitution, lewdness, or assignation
467
or for any other lewd or indecent act.
468
(b)(c) To receive, or to offer or agree to receive, any
469
person into any place, structure, building, or trailer or other
470
conveyance for the purpose of prostitution, lewdness, or
471
assignation, or to permit any person to remain there for such
472
purpose.
473
(c)(d) To direct, take, or transport, or to offer or agree
474
to direct, take, or transport, any person to any place,
475
structure, or building, or trailer or other conveyance or to any
476
other person, with knowledge or reasonable cause to believe that
477
t
478
prostitution, lewdness, or assignation.
479
(d)(e) To offer to commit, or to commit, or to engage in,
480
prostitution, lewdness, or assignation.
481
(e)(f) To solicit, induce, entice, or procure any person
482
another to commit prostitution, lewdness, or assignation.
483
(f)(g) To reside in, enter, or remain in, any place,
484
structure, or building, or to enter or remain in any trailer or
485
other conveyance, for the purpose of prostitution, lewdness, or
486
assignation.
487
(g)(h) To aid, abet, or participate in prostitution,
488
lewdness, or assignation any of the acts or things enumerated in
489
this subsection.
490
(h)(i) To purchase the services of any person engaged in
491
prostitution.
492
(2)(3)(a) In the trial of a person charged with a violation
493
of this section, testimony concerning the reputation of any
494
place, structure, building, or trailer or other conveyance
495
involved in the charge;, testimony concerning the reputation of
496
any person residing in, operating, or frequenting such place,
497
structure, building, or trailer or other conveyance;, and
498
testimony concerning the reputation of the defendant is
499
admissible in evidence in support of the charge.
500
(b) Notwithstanding any other provision of law, a police
501
officer may testify as an offended party in an action regarding
502
charges filed pursuant to this section.
503
(3)(4) Except as otherwise provided in this chapter, a
504
person who violates any provision of this section commits:
505
(a) A misdemeanor of the second degree for a first
506
violation, punishable as provided in s. 775.082 or s. 775.083.
507
(b) A misdemeanor of the first degree for a second
508
violation, punishable as provided in s. 775.082 or s. 775.083.
509
(c) A felony of the third degree for a third or subsequent
510
v
511
s. 775.084.
512
(4)(5) A person who is charged with a third or subsequent
513
violation of this section shall be offered admission to a
514
pretrial intervention program or a substance-abuse treatment
515
program as provided in s. 948.08.
516
(5)(6) In addition to the punishment provided in subsection
517
(3), a person who violates paragraph (1)(e) (2)(f) shall be
518
assessed a civil penalty of $500 if the violation results in any
519
judicial disposition other than acquittal or dismissal. The
520
proceeds from penalties assessed under this subsection shall be
521
paid to the circuit court administrator for the sole purpose of
522
paying the administrative costs of treatment-based drug court
523
programs provided under s. 397.334.
524
Section 14. Section 796.09, Florida Statutes, is amended to
525
read:
526
796.09 Coercion or inducement; civil cause of action;
527
evidence; defenses; attorney's fees.--
528
(1) A person has a cause of action for compensatory and
529
punitive damages against:
530
(a) A person who coerces or induces coerced that person
531
into prostitution.;
532
(b) A person who coerces or induces that person to remain
533
in prostitution.; or
534
(c) A person who collects or receives uses coercion to
535
collect or receive any part of another that person's earnings
536
derived from prostitution.
537
(2) As used in this section, the term "prostitution" has
538
the same meaning as in s. 796.07.
539
(3) As used in this section, the term "coercion" means any
540
practice of domination, restraint, or inducement for the purpose
541
of or with the reasonably foreseeable effect of causing another
542
person to engage in or remain in prostitution or to relinquish
543
earnings derived from prostitution, and includes, but is not
544
limited to:
545
(a) Physical force or threats of physical force.
546
(b) Physical or mental torture.
547
(c) Kidnapping.
548
(d) Blackmail.
549
(e) Extortion or claims of indebtedness.
550
(f) Threat of legal complaint or report of delinquency.
551
(g) Threat to interfere with parental rights or
552
responsibilities, whether by judicial or administrative action or
553
otherwise.
554
(h) Promise of legal benefit.
555
(i) Promise of greater financial rewards.
556
(j) Promise of marriage.
557
(k) Restraint of speech or communication with others.
558
(l) Exploitation of a condition of developmental
559
disability, cognitive limitation, affective disorder, or
560
substance dependency.
561
(m) Exploitation of victimization by sexual abuse.
562
(n) Exploitation of pornographic performance.
563
(o) Exploitation of human needs for food, shelter, safety,
564
or affection.
565
(2)(4) In the course of litigation under this section, any
566
transaction about which a plaintiff testifies or produces
567
e
568
or any penalty or forfeiture. Further, any testimony or evidence,
569
documentary or otherwise, or information directly or indirectly
570
derived from such testimony or evidence which is given or
571
produced by a plaintiff or a witness for a plaintiff shall not be
572
used against these persons in any other investigation or
573
proceeding. Such testimony or evidence, however, may be used
574
against a plaintiff or a witness for a plaintiff upon any
575
criminal investigation or proceeding for perjury committed while
576
g
577
(3)(5) It does not constitute a defense to a complaint
578
under this section that:
579
(a) The plaintiff was paid or otherwise compensated for
580
acts of prostitution or other acts prohibited under this chapter;
581
(b) The plaintiff engaged in acts of prostitution or other
582
acts prohibited under this chapter prior to any involvement with
583
the defendant; or
584
(c) The plaintiff made no attempt to escape, flee, or
585
o
586
(d) In the case of a cause of action based on inducement,
587
the victim consented; or
588
(e) The plaintiff stipulated or otherwise agreed that the
589
prohibited acts did not occur as a result of coercion.
590
(4)(6) Evidence of convictions for prostitution or other
591
acts prohibited under this chapter or prostitution-related
592
offenses are inadmissible in a proceeding brought under this
593
section for purposes of attacking the plaintiff's credibility.
594
595
(5)(7) In any action brought under this section, the court
596
shall, in its discretion, may award prevailing plaintiffs
597
reasonable attorney's fees and costs.
598
Section 15. Section 796.10, Florida Statutes, is created to
599
r
600
796.10 Violations by a business entity; sanctions.--
601
(1) For purposes of this section, the term "business
602
entity" includes, but is not limited to, any corporation,
603
syndicate, association, firm, joint venture, partnership, limited
604
liability company, or business trust.
605
(2) If a business entity is convicted of a violation of
606
this chapter, the court may, when appropriate, order:
607
(a) Its dissolution or reorganization;
608
(b) The suspension or revocation of any license, including,
609
but not limited to, any occupational license, license under
610
chapter 561, permit, or prior approval granted to the business
611
entity by a state agency; or
612
(c) The surrender of its charter, if organized under the
613
laws of this state, or any certificate to conduct business in
614
this state, if it is not organized by the laws of this state.
615
(3) All property, real or personal, including money, used
616
in the course of, intended for use in the course of, derived
617
from, or realized through conduct in violation of a provision of
618
this chapter is subject to civil forfeiture to the state under
619
ss. 932.701-932.706.
620
Section 16. Section 823.05, Florida Statutes, is amended to
621
read:
622
823.05 Places declared a nuisance; abatement may be abated
623
and injunction enjoined.--
624
(1) Whoever shall erect, establish, continue, or maintain,
625
own or lease any building, booth, tent or place which tends to
626
annoy the community or injure the health of the community, or
627
b
628
people as described in s. 823.01, or shall be frequented by the
629
class of persons mentioned in s. 856.02, or any house or place of
630
prostitution, assignation, lewdness or place or building where
631
games of chance are engaged in violation of law or any place
632
where any law of the state is violated, shall be deemed guilty of
633
maintaining a nuisance, and the building, erection, place, tent
634
or booth and the furniture, fixtures and contents are declared a
635
nuisance. All such places or persons shall be abated or enjoined
636
as provided in ss. 60.05 and 60.06.
637
(2) Any place, structure, building, or part thereof, or
638
trailer or other conveyance that has been used as provided in s.
639
893.138(2), may be declared a public nuisance and abated or
640
enjoined as provided in ss. 60.05 and 60.06.
641
Section 17. Paragraph (a) of subsection (2) of section
642
893.138, Florida Statutes, is amended to read:
643
893.138 Local administrative action to abate drug-related,
644
prostitution-related, or stolen-property-related public nuisances
645
and criminal street gang activity.--
646
(2) Any place or premises that has been used:
647
(a) On more than two occasions within a 6-month period, as
648
t
649
650
may be declared to be a public nuisance, and such nuisance may be
651
abated pursuant to the procedures provided in this section.
652
Section 18. Paragraph (a) of subsection (1) of section
653
895.02, Florida Statutes, is amended to read:
654
895.02 Definitions.--As used in ss. 895.01-895.08, the
655
term:
656
(1) "Racketeering activity" means to commit, to attempt to
657
commit, to conspire to commit, or to solicit, coerce, or
658
intimidate another person to commit:
659
(a) Any crime that is chargeable by indictment or
660
information under the following provisions of the Florida
661
S
662
1. Section 210.18, relating to evasion of payment of
663
cigarette taxes.
664
2. Section 403.727(3)(b), relating to environmental
665
control.
666
3. Section 409.920 or s. 409.9201, relating to Medicaid
667
fraud.
668
4. Section 414.39, relating to public assistance fraud.
669
670
5. Section 440.105 or s. 440.106, relating to workers'
671
compensation.
672
6. Section 443.071(4), relating to creation of a fictitious
673
employer scheme to commit unemployment compensation fraud.
674
7. Section 465.0161, relating to distribution of medicinal
675
drugs without a permit as an Internet pharmacy.
676
8. Sections 499.0051, 499.0052, 499.00535, 499.00545, and
677
499.0691, relating to crimes involving contraband and adulterated
678
drugs.
679
9. Part IV of chapter 501, relating to telemarketing.
680
10. Chapter 517, relating to sale of securities and
681
investor protection.
682
683
11. Section 550.235, s. 550.3551, or s. 550.3605, relating
684
to dogracing and horseracing.
685
12. Chapter 550, relating to jai alai frontons.
686
13. Section 551.109, relating to slot machine gaming.
687
688
14. Chapter 552, relating to the manufacture, distribution,
689
and use of explosives.
690
15. Chapter 560, relating to money transmitters, if the
691
violation is punishable as a felony.
692
16. Chapter 562, relating to beverage law enforcement.
693
17. Section 624.401, relating to transacting insurance
694
without a certificate of authority, s. 624.437(4)(c)1., relating
695
to operating an unauthorized multiple-employer welfare
696
arrangement, or s. 626.902(1)(b), relating to representing or
697
aiding an unauthorized insurer.
698
18. Section 655.50, relating to reports of currency
699
transactions, when such violation is punishable as a felony.
700
19. Chapter 687, relating to interest and usurious
701
practices.
702
20. Section 721.08, s. 721.09, or s. 721.13, relating to
703
real estate timeshare plans.
704
21. Chapter 782, relating to homicide.
705
22. Chapter 784, relating to assault and battery.
706
23. Chapter 787, relating to kidnapping or human
707
trafficking.
708
24. Chapter 790, relating to weapons and firearms.
709
25. Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
710
796.05, s. 796.06, or s. 796.07, relating to prostitution and sex
711
trafficking.
712
26. Chapter 806, relating to arson.
713
27. Section 810.02(2)(c), relating to specified burglary of
714
a dwelling or structure.
715
28. Chapter 812, relating to theft, robbery, and related
716
crimes.
717
29. Chapter 815, relating to computer-related crimes.
718
30. Chapter 817, relating to fraudulent practices, false
719
pretenses, fraud generally, and credit card crimes.
720
721
31. Chapter 825, relating to abuse, neglect, or
722
exploitation of an elderly person or disabled adult.
723
32. Section 827.071, relating to commercial sexual
724
exploitation of children.
725
33. Chapter 831, relating to forgery and counterfeiting.
726
34. Chapter 832, relating to issuance of worthless checks
727
and drafts.
728
35. Section 836.05, relating to extortion.
729
36. Chapter 837, relating to perjury.
730
37. Chapter 838, relating to bribery and misuse of public
731
office.
732
38. Chapter 843, relating to obstruction of justice.
733
39. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
734
s. 847.07, relating to obscene literature and profanity.
735
40. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
736
849.25, relating to gambling.
737
41. Chapter 874, relating to criminal street gangs.
738
42. Chapter 893, relating to drug abuse prevention and
739
control.
740
43. Chapter 896, relating to offenses related to financial
741
transactions.
742
44. Sections 914.22 and 914.23, relating to tampering with
743
a witness, victim, or informant, and retaliation against a
744
witness, victim, or informant.
745
45. Sections 918.12 and 918.13, relating to tampering with
746
jurors and evidence.
747
Section 19. Paragraphs (a), (b), (d), (g), (h), and (i) of
748
subsection (3) of section 921.0022, Florida Statutes, are amended
749
t
750
921.0022 Criminal Punishment Code; offense severity ranking
751
chart.--
752
(3) OFFENSE SEVERITY RANKING CHART
753
(a) LEVEL 1
754
FloridaStatute | FelonyDegree | Description |
755
24.118(3)(a) | 3rd | Counterfeit or altered state lottery ticket. |
756
212.054(2)(b) | 3rd | Discretionary sales surtax; limitations, administration, and collection. |
757
212.15(2)(b) | 3rd | Failure to remit sales taxes, amount greater than $300 but less than $20,000. |
758
316.1935(1) | 3rd | Fleeing or attempting to elude law enforcement officer. |
759
319.30(5) | 3rd | Sell, exchange, give away certificate of title or identification number plate. |
760
319.35(1)(a) | 3rd | Tamper, adjust, change, etc., an odometer. |
761
320.26(1)(a) | 3rd | Counterfeit, manufacture, or sell registration license plates or validation stickers. |
762
322.212(1)(a)-(c) | 3rd | Possession of forged, stolen, counterfeit, or unlawfully issued driver's license; possession of simulated identification. |
763
322.212(4) | 3rd | Supply or aid in supplying unauthorized driver's license or identification card. |
764
322.212(5)(a) | 3rd | False application for driver's license or identification card. |
765
414.39(2) | 3rd | Unauthorized use, possession, forgery, or alteration of food stamps, Medicaid ID, value greater than $200. |
766
414.39(3)(a) | 3rd | Fraudulent misappropriation of public assistance funds by employee/official, value more than $200. |
767
443.071(1) | 3rd | False statement or representation to obtain or increase unemployment compensation benefits. |
768
509.151(1) | 3rd | Defraud an innkeeper, food or lodging value greater than $300. |
769
517.302(1) | 3rd | Violation of the Florida Securities and Investor Protection Act. |
770
562.27(1) | 3rd | Possess still or still apparatus. |
771
713.69 | 3rd | Tenant removes property upon which lien has accrued, value more than $50. |
772
796.07(3)(c) | 3rd | Prostitution, 3rd or subsequent violation. |
773
812.014(3)(c) | 3rd | Petit theft (3rd conviction); theft of any property not specified in subsection (2). |
774
812.081(2) | 3rd | Unlawfully makes or causes to be made a reproduction of a trade secret. |
775
815.04(4)(a) | 3rd | Offense against intellectual property (i.e., computer programs, data). |
776
817.52(2) | 3rd | Hiring with intent to defraud, motor vehicle services. |
777
817.569(2) | 3rd | Use of public record or public records information to facilitate commission of a felony. |
778
826.01 | 3rd | Bigamy. |
779
828.122(3) | 3rd | Fighting or baiting animals. |
780
831.04(1) | 3rd | Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28. |
781
831.31(1)(a) | 3rd | Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs. |
782
832.041(1) | 3rd | Stopping payment with intent to defraud $150 or more. |
783
832.05(2)(b)&(4)(c) | 3rd | Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more. |
784
838.15(2) | 3rd | Commercial bribe receiving. |
785
838.16 | 3rd | Commercial bribery. |
786
843.18 | 3rd | Fleeing by boat to elude a law enforcement officer. |
787
847.011(1)(a) | 3rd | Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction). |
788
849.01 | 3rd | Keeping gambling house. |
789
849.09(1)(a)-(d) | 3rd | Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery. |
790
849.23 | 3rd | Gambling-related machines; "common offender" as to property rights. |
791
849.25(2) | 3rd | Engaging in bookmaking. |
792
860.08 | 3rd | Interfere with a railroad signal. |
793
860.13(1)(a) | 3rd | Operate aircraft while under the influence. |
794
893.13(2)(a)2. | 3rd | Purchase of cannabis. |
795
893.13(6)(a) | 3rd | Possession of cannabis (more than 20 grams). |
796
934.03(1)(a) | 3rd | Intercepts, or procures any other person to intercept, any wire or oral communication. |
797
798
(b) LEVEL 2
799
FloridaStatute | FelonyDegree | Description |
800
370.12(1)(e)3. | 3rd | Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act. |
801
370.12(1)(e)4. | 3rd | Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act. |
802
403.413(5)(c) | 3rd | Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste. |
803
517.07 | 3rd | Registration of securities and furnishing of prospectus required. |
804
590.28(1) | 3rd | Willful, malicious, or intentional burning. |
805
784.05(3) | 3rd | Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death. |
806
787.04(1) | 3rd | In violation of court order, take, entice, etc., minor beyond state limits. |
807
796.06 | 3rd | Use of space for activity prohibited in chapter 796. |
808
806.13(1)(b)3. | 3rd | Criminal mischief; damage $1,000 or more to public communication or any other public service. |
809
810.061(2) | 3rd | Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary. |
810
810.09(2)(e) | 3rd | Trespassing on posted commercial horticulture property. |
811
812.014(2)(c)1. | 3rd | Grand theft, 3rd degree; $300 or more but less than $5,000. |
812
812.014(2)(d) | 3rd | Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling. |
813
812.015(7) | 3rd | Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure. |
814
817.234(1)(a)2. | 3rd | False statement in support of insurance claim. |
815
817.481(3)(a) | 3rd | Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300. |
816
817.52(3) | 3rd | Failure to redeliver hired vehicle. |
817
817.54 | 3rd | With intent to defraud, obtain mortgage note, etc., by false representation. |
818
817.60(5) | 3rd | Dealing in credit cards of another. |
819
817.60(6)(a) | 3rd | Forgery; purchase goods, services with false card. |
820
817.61 | 3rd | Fraudulent use of credit cards over $100 or more within 6 months. |
821
826.04 | 3rd | Knowingly marries or has sexual intercourse with person to whom related. |
822
831.01 | 3rd | Forgery. |
823
831.02 | 3rd | Uttering forged instrument; utters or publishes alteration with intent to defraud. |
824
831.07 | 3rd | Forging bank bills, checks, drafts, or promissory notes. |
825
831.08 | 3rd | Possessing 10 or more forged notes, bills, checks, or drafts. |
826
831.09 | 3rd | Uttering forged notes, bills, checks, drafts, or promissory notes. |
827