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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 offer for sale, facilitate, or

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promote travel services for commercial sexual purposes;

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providing that the department may deny or refuse to renew

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the registration of any seller of travel based upon a

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determination that the seller of travel has offered for

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sale, facilitated, advertised, or promoted travel services

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for commercial sexual purposes; amending s. 559.9335,

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

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or a promotion of travel services for commercial sexual

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

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

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travel who offers for sale, facilitates, advertises, or

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promotes travel services for commercial sexual purposes

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commits a felony of the second degree; providing criminal

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penalties; authorizing a court to freeze the assets of a

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seller of travel who has or is about to commit such

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offense; providing procedures; providing an effective

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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, promised

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to, 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 offer for sale, facilitate, or promote travel services

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for commercial sexual purposes. A certificate evidencing proof of

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registration shall be issued by the department and must be

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

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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

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

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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 offered for sale, facilitated, advertised, or

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promoted travel services for 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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Affairs pursuant to ss. 501.201-501.213 or this part.

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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 offer for sale, facilitate, advertise, or promote

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travel services for commercial 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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775.083.

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

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offer for sale, promote, advertise, or otherwise facilitate

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travel for commercial sexual purposes.

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

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

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

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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 or independent agent when there

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exists a reasonable suspicion that the seller of travel or

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independent agent has violated or is about to violate paragraph

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(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 or independent agent.

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

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

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

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seller of travel or independent agent can be specifically

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identified, and that it is necessary to freeze the account

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

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

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financial institution to freeze all or part of the deposited

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

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

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until further order of the court.

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