Florida Senate - 2019 SENATOR AMENDMENT Bill No. CS/CS/CS/HB 851, 1st Eng. Ì262778XÎ262778 LEGISLATIVE ACTION Senate . House . . . Floor: 1a/RE/2R . 05/02/2019 02:04 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Book moved the following: 1 Senate Amendment to Amendment (143836) 2 3 Delete lines 497 - 595 4 and insert: 5 Section 7. Effective January 1, 2021, subsection (5) of 6 section 796.07, Florida Statutes, is amended, and subsection (2) 7 of that section is republished, to read: 8 796.07 Prohibiting prostitution and related acts.— 9 (2) It is unlawful: 10 (a) To own, establish, maintain, or operate any place, 11 structure, building, or conveyance for the purpose of lewdness, 12 assignation, or prostitution. 13 (b) To offer, or to offer or agree to secure, another for 14 the purpose of prostitution or for any other lewd or indecent 15 act. 16 (c) To receive, or to offer or agree to receive, any person 17 into any place, structure, building, or conveyance for the 18 purpose of prostitution, lewdness, or assignation, or to permit 19 any person to remain there for such purpose. 20 (d) To direct, take, or transport, or to offer or agree to 21 direct, take, or transport, any person to any place, structure, 22 or building, or to any other person, with knowledge or 23 reasonable cause to believe that the purpose of such directing, 24 taking, or transporting is prostitution, lewdness, or 25 assignation. 26 (e) For a person 18 years of age or older to offer to 27 commit, or to commit, or to engage in, prostitution, lewdness, 28 or assignation. 29 (f) To solicit, induce, entice, or procure another to 30 commit prostitution, lewdness, or assignation. 31 (g) To reside in, enter, or remain in, any place, 32 structure, or building, or to enter or remain in any conveyance, 33 for the purpose of prostitution, lewdness, or assignation. 34 (h) To aid, abet, or participate in any of the acts or 35 things enumerated in this subsection. 36 (i) To purchase the services of any person engaged in 37 prostitution. 38 (5)(a) A person who violates paragraph (2)(f) commits: 39 1. A misdemeanor of the first degree for a first violation, 40 punishable as provided in s. 775.082 or s. 775.083. 41 2. A felony of the third degree for a second violation, 42 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 43 3. A felony of the second degree for a third or subsequent 44 violation, punishable as provided in s. 775.082, s. 775.083, or 45 s. 775.084. 46 (b) In addition to any other penalty imposed, the court 47 shall order a person convicted of a violation of paragraph 48 (2)(f) to: 49 1. Perform 100 hours of community service; and 50 2. Pay for and attend an educational program about the 51 negative effects of prostitution and human trafficking, such as 52 a sexual violence prevention education program, including such 53 programs offered by faith-based providers, if such programs 54 exist in the judicial circuit in which the offender is 55 sentenced. 56 (c) In addition to any other penalty imposed, the court 57 shall sentence a person convicted of a second or subsequent 58 violation of paragraph (2)(f) to a minimum mandatory period of 59 incarceration of 10 days. 60 (d)1. If a person who violates paragraph (2)(f) uses a 61 vehicle in the course of the violation, the judge, upon the 62 person’s conviction, may issue an order for the impoundment or 63 immobilization of the vehicle for a period of up to 60 days. The 64 order of impoundment or immobilization must include the names 65 and telephone numbers of all immobilization agencies meeting all 66 of the conditions of s. 316.193(13). Within 7 business days 67 after the date that the court issues the order of impoundment or 68 immobilization, the clerk of the court must send notice by 69 certified mail, return receipt requested, to the registered 70 owner of the vehicle, if the registered owner is a person other 71 than the defendant, and to each person of record claiming a lien 72 against the vehicle. 73 2. The owner of the vehicle may request the court to 74 dismiss the order. The court must dismiss the order, and the 75 owner of the vehicle will incur no costs, if the owner of the 76 vehicle alleges and the court finds to be true any of the 77 following: 78 a. The owner’s family has no other private or public means 79 of transportation; 80 b. The vehicle was stolen at the time of the offense; 81 c. The owner purchased the vehicle after the offense was 82 committed, and the sale was not made to circumvent the order and 83 allow the defendant continued access to the vehicle; or 84 d. The vehicle is owned by the defendant but is operated 85 solely by employees of the defendant or employees of a business 86 owned by the defendant. 87 3. If the court denies the request to dismiss the order, 88 the petitioner may request an evidentiary hearing. If, at the 89 evidentiary hearing, the court finds to be true any of the 90 circumstances described in sub-subparagraphs (d)2.a.-d., the 91 court must dismiss the order and the owner of the vehicle will 92 incur no costs. 93 (e) The Soliciting for Prostitution Public Database created 94 pursuant to s. 943.0433 must include the criminal history record 95 of a person who is found guilty as a result of a trial or who 96 enters a plea of guilty or nolo contendere, regardless of 97 whether adjudication is withheld, of paragraph (2)(f), and there 98 is evidence that such person provided a form of payment or 99 arranged for the payment of such services. Upon conviction, the 100 clerk of the court shall forward the criminal history record of 101 the person to the Department of Law Enforcement, pursuant to s. 102 943.052(2), for inclusion in the database. 103 Section 8. Effective January 1, 2021, section 943.0433,