Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. SB 1852
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/09/2022 .
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The Committee on Regulated Industries (Bradley) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. This act may be cited as the “Human Trafficking
6 Reduction Act.”
7 Section 2. Section 509.098, Florida Statutes, is created to
8 read:
9 509.098 Prohibition of hourly rates.—An operator of a
10 public lodging establishment may not offer an hourly rate for an
11 accommodation.
12 Section 3. Paragraph (a) of subsection (5) of section
13 796.07, Florida Statutes, is amended, and paragraphs (f) and (i)
14 of subsection (2) of that section are republished, to read:
15 796.07 Prohibiting prostitution and related acts.—
16 (2) It is unlawful:
17 (f) To solicit, induce, entice, or procure another to
18 commit prostitution, lewdness, or assignation.
19 (i) To purchase the services of any person engaged in
20 prostitution.
21 (5)(a) A person who violates paragraph (2)(f) or paragraph
22 (2)(i) commits:
23 1. A felony of the third misdemeanor of the first degree
24 for a first violation, punishable as provided in s. 775.082, or
25 s. 775.083, or s. 775.084.
26 2. A felony of the second third degree for a second
27 violation, punishable as provided in s. 775.082, s. 775.083, or
28 s. 775.084.
29 3. A felony of the first second degree for a third or
30 subsequent violation, punishable as provided in s. 775.082, s.
31 775.083, or s. 775.084.
32 Section 4. Section 1004.343, Florida Statutes, is created
33 to read:
34 1004.343 Statewide Data Repository for Anonymous Human
35 Trafficking Data.—
36 (1) There is created the Statewide Data Repository for
37 Anonymous Human Trafficking Data. The repository shall be housed
38 in and operated by the University of South Florida Trafficking
39 in Persons - Risk to Resilience Lab.
40 (a) The Statewide Data Repository for Anonymous Human
41 Trafficking Data shall:
42 1. Collect and analyze anonymous human trafficking data to
43 identify trends in human trafficking in the state over time.
44 2. Evaluate the effectiveness of various state-funded
45 initiatives to combat human trafficking to enable the state to
46 make evidence-based decisions in funding future initiatives.
47 3. Disseminate relevant data to law enforcement agencies,
48 state agencies, and other entities to assist in combatting human
49 trafficking and apprehending and prosecuting persons responsible
50 for conducting human trafficking.
51 4. Evaluate the effectiveness of interventions and services
52 provided to assist human trafficking victims.
53 (b) The University of South Florida Trafficking in Persons
54 – Risk to Resilience Lab shall:
55 1. Design, operate, maintain, and protect the integrity of
56 the Statewide Data Repository for Anonymous Human Trafficking
57 Data.
58 2. Design, in consultation with the Department of Law
59 Enforcement and other law enforcement partners, and launch a
60 user-friendly system for efficiently reporting anonymous human
61 trafficking data to the Statewide Data Repository for Anonymous
62 Human Trafficking Data at no additional cost to reporting
63 entities.
64 3. Analyze anonymous human trafficking data to identify
65 initiatives and interventions that are effective in combatting
66 human trafficking, apprehending and prosecuting persons
67 responsible for conducting human trafficking, and assisting
68 human trafficking victims.
69 4. Work with law enforcement agencies and state agencies to
70 report data on human trafficking investigations and prosecutions
71 which can aid such agencies in combatting human trafficking and
72 apprehending and prosecuting persons responsible for conducting
73 human trafficking.
74 (2)(a) Except as provided in paragraph (b), the following
75 agencies and entities shall report anonymous human trafficking
76 data required under this section:
77 1. Law enforcement agencies operating with state or local
78 government tax proceeds, including, but not limited to,
79 municipal police departments, county sheriffs, and state
80 attorneys.
81 2. The Department of Law Enforcement and any other state
82 agency that holds data related to human trafficking.
83 3. Service providers and other nongovernmental
84 organizations that serve human trafficking victims and receive
85 state or federal funding for such purpose.
86 (b) A required reporting entity that submits the data
87 required under subsection (3) to the Department of Law
88 Enforcement’s Uniform Crime Report system or Florida Incident
89 Based Reporting System may, but is not required to, submit any
90 additional data to the Statewide Data Repository for Anonymous
91 Human Trafficking Data. The Department of Law Enforcement shall
92 report to the Statewide Data Repository for Anonymous Human
93 Trafficking Data, at least quarterly, the data required under
94 subsection (3) that has been reported by a required reporting
95 entity to the department.
96 (3) A required reporting entity shall submit the following
97 data to the Statewide Data Repository for Anonymous Human
98 Trafficking Data unless such entity is exempt from the reporting
99 requirement under paragraph (2)(b):
100 (a) The alleged human trafficking offense that was
101 investigated or prosecuted and a description of the alleged
102 prohibited conduct.
103 (b) The age, gender, and race or ethnicity of each suspect
104 or defendant and victim.
105 (c) The date, time, and location of the alleged offense.
106 (d) The type of human trafficking involved, whether for
107 labor or services or commercial sexual activity.
108 (e) Any other alleged offense related to the human
109 trafficking offense that was investigated or prosecuted.
110 (f) Information regarding any victim services organization
111 or related program to which the victim was referred, if
112 available.
113 (g) The disposition of the investigation or prosecution,
114 regardless of the manner of disposition.
115 (4)(a) A required reporting entity located in a county with
116 a population of more than 500,000 must begin reporting data
117 required by this section to the Statewide Data Repository for
118 Anonymous Human Trafficking Data, or to the Department of Law
119 Enforcement as authorized under paragraph (2)(b), on or before
120 July 1, 2023, and at least quarterly each year thereafter.
121 (b) A required reporting entity located in a county with a
122 population of 500,000 or fewer must begin reporting data
123 required by this section to the Statewide Data Repository for
124 Anonymous Human Trafficking Data, or to the Department of Law
125 Enforcement as authorized under paragraph (2)(b), on or before
126 July 1, 2024, and at least biannually each year thereafter.
127 Section 5. This act shall take effect upon becoming a law.
128
129 ================= T I T L E A M E N D M E N T ================
130 And the title is amended as follows:
131 Delete everything before the enacting clause
132 and insert:
133 A bill to be entitled
134 An act relating to the reduction of human trafficking;
135 providing a short title; creating s. 509.098, F.S.;
136 prohibiting an operator of a public lodging
137 establishment from offering an hourly rate for an
138 accommodation; amending s. 796.07, F.S.; increasing
139 criminal penalties for soliciting or procuring another
140 person to commit prostitution or other specified
141 offenses or purchasing the services of a person
142 engaged in prostitution; creating s. 1004.343, F.S.;
143 creating the Statewide Data Repository for Anonymous
144 Human Trafficking Data at the University of South
145 Florida; providing purposes of the data repository;
146 specifying duties of the university; designating
147 required reporting entities; requiring specified
148 information to be reported; providing timeframes for
149 reporting; providing an effective date.