Florida Senate - 2008 SB 1722
By Senator Joyner
18-03457-08 20081722__
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A bill to be entitled
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An act relating to travel for commercial sexual purposes;
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amending s. 559.927, F.S.; defining the term "travel for
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commercial sexual purposes"; amending s. 559.928, F.S.;
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requiring the seller of travel to include in the initial
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registration documents, and in the annual affidavit to
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renew the registration, sent to the Department of
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Agriculture and Consumer Services a statement that the
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seller of travel does not knowingly offer for sale,
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facilitate, or promote travel services for commercial
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sexual purposes; providing that the department may deny or
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refuse to renew the registration of any seller of travel
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based upon a determination that the seller of travel has
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knowingly and intentionally offered for sale, facilitated,
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advertised, or promoted travel services for commercial
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sexual purposes; amending s. 559.9335, F.S.; providing
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that an offer of sale, an advertisement, or a promotion of
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travel services for commercial sexual purposes is a
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violation of part IX of ch. 559, F.S.; amending s.
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559.937, F.S.; providing that a seller of travel who
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knowingly and intentionally offers for sale, facilitates,
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advertises, or promotes travel services for commercial
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sexual purposes commits a felony of the second degree;
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providing criminal penalties; authorizing a court to
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freeze the assets of a seller of travel who has or is
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about to commit such offense; providing procedures;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Present subsection (11) of section 559.927,
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Florida Statutes, is redesignated as subsection (12), and a new
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subsection (11) is added to that section, to read:
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559.927 Definitions.--For the purposes of this part, the
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term:
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(11) "Travel for commercial sexual purposes" means travel,
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transportation, or vacation services provided for the purposes of
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enabling the customer to engage in prostitution or engage a
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prostitute as defined in s. 796.07 or to engage in a sexual act,
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sexual contact, sexual touching, or sexual activity, as defined
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in s. 796.07, for which anything of value is given to or promised
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or received by a person.
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Section 2. Subsections (1), (3), and (9) of section
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559.928, Florida Statutes, are amended to read:
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559.928 Registration.--
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(1) Each seller of travel shall annually register with the
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department, providing: its legal business or trade name, mailing
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address, and business locations; the full names, addresses,
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telephone numbers, and social security numbers of its owners or
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corporate officers and directors and the Florida agent of the
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corporation; a statement whether it is a domestic or foreign
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corporation, its state and date of incorporation, its charter
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number, and, if a foreign corporation, the date it registered
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with the State of Florida, and occupational license where
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applicable; the date on which a seller of travel registered its
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fictitious name if the seller of travel is operating under a
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fictitious or trade name; the name of all other corporations,
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business entities, and trade names through which each owner of
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the seller of travel operated, was known, or did business as a
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seller of travel within the preceding 5 years; a list of all
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authorized independent agents, including the agent's trade name,
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full name, mailing address, business address, telephone numbers,
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and social security number; the business location and address of
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each branch office and full name and address of the manager or
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supervisor; and proof of purchase of adequate bond or
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establishment of a letter of credit or certificate of deposit as
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required in this part. The registration documents sent to the
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department must include a statement that the seller of travel
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does not knowingly offer for sale, facilitate, or promote travel
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services for commercial sexual purposes. A certificate evidencing
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proof of registration shall be issued by the department and must
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be prominently displayed in the seller of travel's primary place
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of business.
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(3) Each independent agent shall annually file an affidavit
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with the department prior to engaging in business in this state.
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This affidavit must include the independent agent's full name,
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legal business or trade name, mailing address, business address,
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telephone number, social security number, and the name or names
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and addresses of each seller of travel represented by the
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independent agent. The affidavit must also state that the seller
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of travel does not knowingly offer for sale, facilitate, or
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promote travel services for commercial sexual purposes. A letter
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evidencing proof of filing must be issued by the department and
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must be prominently displayed in the independent agent's primary
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place of business. As used in this subsection, the term
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"independent agent" means a person who represents a seller of
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travel by soliciting persons on its behalf; who has a written
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contract with a seller of travel which is operating in compliance
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with this part and any rules adopted thereunder; who does not
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receive a fee, commission, or other valuable consideration
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directly from the purchaser for the seller of travel; who does
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not at any time have any unissued ticket stock or travel
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documents in his or her possession; and who does not have the
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ability to issue tickets, vacation certificates, or any other
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travel document. The term "independent agent" does not include an
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affiliate of the seller of travel, as that term is used in s.
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559.935(3), or the employees of the seller of travel or of such
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affiliates.
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(9) The department may deny or refuse to renew the
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registration of any seller of travel based upon a determination
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that the seller of travel, or any of its directors, officers,
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owners, or general partners:
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(a) Has failed to meet the requirements for registration as
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provided in this part;
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(b) Has been convicted of a crime involving fraud,
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dishonest dealing, or any other act of moral turpitude;
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(c) Has not satisfied a civil fine or penalty arising out
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of any administrative or enforcement action brought by any
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governmental agency or private person based upon conduct
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involving fraud, dishonest dealing, or any violation of this
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part;
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(d) Has pending against her or him any criminal,
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administrative, or enforcement proceedings in any jurisdiction,
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based upon conduct involving fraud, dishonest dealing, or any
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other act of moral turpitude; or
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(e) Has knowingly and intentionally offered for sale,
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facilitated, advertised, or promoted travel services for
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commercial sexual purposes; or
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(f)(e) Has had a judgment entered against her or him in any
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action brought by the department or the Department of Legal
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Section 3. Subsection (25) is added to section 559.9335,
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Florida Statutes, to read:
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559.9335 Violations.--It is a violation of this part for
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any person:
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(25) To knowingly and intentionally offer for sale,
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facilitate, advertise, or promote travel services for commercial
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sexual purposes.
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Section 4. Section 559.937, Florida Statutes, is amended to
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read:
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559.937 Criminal penalties; freezing of assets.--
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(1) Except as provided in subsection (2), any person or
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business that which violates this part commits a misdemeanor of
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the first degree, punishable as provided in s. 775.082 or s.
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(2)(a) A seller of travel services may not knowingly or
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intentionally offer for sale, promote, advertise, or otherwise
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facilitate travel for commercial sexual purposes.
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(b) A seller of travel services who violates paragraph (a)
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commits a felony of the second degree, punishable as provided in
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(3)(a) A court may issue an attachment order directing a
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financial institution to freeze some or all of the funds or
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assets deposited with or held by the financial institution by or
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on behalf of a seller of travel when there exists a reasonable
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suspicion that the seller of travel has violated or is about to
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violate paragraph (2)(a).
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(b) A petition to attach assets must be filed by the
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department and must contain:
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1. A statement of facts relied upon by the department,
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including the details of the particular offense that is about to
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be committed or that has been committed; and
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2. Identification of the name and financial institution
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account number of the seller of travel.
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(c) If the court finds there exists a reasonable suspicion
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that the seller of travel has violated or is about to violate
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paragraph (2)(a), that the accounts of the seller of travel can
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be specifically identified, and that it is necessary to freeze
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the account holder's funds or assets in order to ensure eventual
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restitution to victims of the alleged offense, the court may
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order a financial institution to freeze all or part of the
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deposited funds or assets of the seller of travel so that the
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funds or assets may not be withdrawn or disposed of until further
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order of the court.
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Section 5. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.