Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 796
Ì420820nÎ420820
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/23/2024 .
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The Committee on Fiscal Policy (Yarborough) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (12) of section 16.618, Florida
6 Statutes, is amended to read:
7 16.618 Direct-support organization.—
8 (12) This section is repealed October 1, 2029 2024, unless
9 reviewed and saved from repeal by the Legislature.
10 Section 2. Paragraph (b) of subsection (8) of section
11 394.875, Florida Statutes, is amended to read:
12 394.875 Crisis stabilization units, residential treatment
13 facilities, and residential treatment centers for children and
14 adolescents; authorized services; license required.—
15 (8)
16 (b) Residential treatment centers for children and
17 adolescents must conspicuously place signs on their premises to
18 warn children and adolescents of the dangers of human
19 trafficking and to encourage the reporting of individuals
20 observed attempting to engage in human trafficking activity. The
21 signs must contain the telephone number for the Florida Human
22 Trafficking Hotline, 1-855-FLA-SAFE, the National Human
23 Trafficking Hotline or such other number that the Department of
24 Law Enforcement uses to detect and stop human trafficking. The
25 department, in consultation with the agency, shall specify, at a
26 minimum, the content of the signs by rule.
27 Section 3. Subsection (3) of section 456.0341, Florida
28 Statutes, is amended to read:
29 456.0341 Requirements for instruction on human
30 trafficking.—The requirements of this section apply to each
31 person licensed or certified under chapter 457; chapter 458;
32 chapter 459; chapter 460; chapter 461; chapter 463; chapter 465;
33 chapter 466; part II, part III, part V, or part X of chapter
34 468; chapter 480; or chapter 486.
35 (3) By January 1, 2025 2021, the licensees or
36 certificateholders shall post in their place of work in a
37 conspicuous place accessible to employees a sign at least 11
38 inches by 15 inches in size, printed in a clearly legible font
39 and in at least a 32-point type, which substantially states in
40 English and Spanish:
41
42 “If you or someone you know is being forced to engage in an
43 activity and cannot leave, whether it is prostitution,
44 housework, farm work, factory work, retail work, restaurant
45 work, or any other activity, call the Florida Human Trafficking
46 Hotline, 1-855-FLA-SAFE, the National Human Trafficking Resource
47 Center at 888-373-7888 or text INFO or HELP to 233-733 to access
48 help and services. Victims of slavery and human trafficking are
49 protected under United States and Florida law.”
50 Section 4. Subsection (13) of section 480.043, Florida
51 Statutes, is amended to read:
52 480.043 Massage establishments; requisites; licensure;
53 inspection; human trafficking awareness training and policies.—
54 (13) By January 1, 2025 2021, a massage establishment shall
55 implement a procedure for reporting suspected human trafficking
56 to the Florida Human Trafficking Hotline, 1-855-FLA-SAFE, the
57 National Human Trafficking Hotline or to a local law enforcement
58 agency and shall post in a conspicuous place in the
59 establishment which is accessible to employees a sign with the
60 relevant provisions of the reporting procedure.
61 Section 5. Subsections (1) and (3) of section 509.096,
62 Florida Statutes, are amended to read:
63 509.096 Human trafficking awareness training and policies
64 for employees of public lodging establishments; enforcement.—
65 (1) A public lodging establishment shall:
66 (a) Provide annual training regarding human trafficking
67 awareness to employees of the establishment who perform
68 housekeeping duties in the rental units or who work at the front
69 desk or reception area where guests ordinarily check in or check
70 out. Such training must also be provided for new employees
71 within 60 days after they begin their employment in those roles,
72 or by January 1, 2021, whichever occurs later. Each employee
73 must submit to the hiring establishment a signed and dated
74 acknowledgment of having received the training, which the
75 establishment must provide to the Department of Business and
76 Professional Regulation upon request. The establishment may keep
77 such acknowledgment electronically.
78 (b) By January 1, 2021, Implement a procedure for the
79 reporting of suspected human trafficking to the National Human
80 Trafficking Hotline or to a local law enforcement agency.
81 (c) By January 1, 2025 2021, post in a conspicuous location
82 in the establishment which is accessible to employees a human
83 trafficking public awareness sign at least 11 inches by 15
84 inches in size, printed in an easily legible font and in at
85 least 32-point type, which states in English and Spanish and any
86 other language predominantly spoken in that area which the
87 department deems appropriate substantially the following:
88
89 “If you or someone you know is being forced to engage in an
90 activity and cannot leave, whether it is prostitution,
91 housework, farm work, factory work, retail work, restaurant
92 work, or any other activity, call the Florida Human Trafficking
93 Hotline, 1-855-FLA-SAFE, the National Human Trafficking Resource
94 Center at 888-373-7888 or text INFO or HELP to 233-733 to access
95 help and services. Victims of slavery and human trafficking are
96 protected under United States and Florida law.”
97 (3) For a violation committed on or after July 1, 2023, The
98 division shall impose an administrative fine of $2,000 per day
99 on a public lodging establishment that is not in compliance with
100 this section and remit the fines to the direct-support
101 organization established under s. 16.618, unless the division
102 receives adequate written documentation from the public lodging
103 establishment which provides assurance that each deficiency will
104 be corrected within 45 days after the division provided the
105 public lodging establishment with notice of its violation. For a
106 second or subsequent violation of this subsection committed on
107 or after July 1, 2023, the division may not provide a correction
108 period to a public lodging establishment and must impose the
109 applicable administrative fines.
110 Section 6. Section 562.13, Florida Statutes, is amended to
111 read:
112 562.13 Employment of minors or certain other persons by
113 certain vendors prohibited; exceptions.—
114 (1) Unless otherwise provided in this section, it is
115 unlawful for any vendor licensed under the Beverage Law to
116 employ any person under 18 years of age.
117 (2) This section shall not apply to:
118 (a) Professional entertainers 17 years of age who are not
119 in school.
120 (b) Minors employed in the entertainment industry, as
121 defined by s. 450.012(5), who have either been granted a waiver
122 under s. 450.095 or employed under the terms of s. 450.132 or
123 under rules adopted pursuant to either of these sections.
124 (c) Persons under the age of 18 years who are employed in
125 drugstores, grocery stores, department stores, florists,
126 specialty gift shops, or automobile service stations which have
127 obtained licenses to sell beer or beer and wine, when such sales
128 are made for consumption off the premises.
129 (d) Persons 17 years of age or over or any person
130 furnishing evidence that he or she is a senior high school
131 student with written permission of the principal of said senior
132 high school or that he or she is a senior high school graduate,
133 or any high school graduate, employed by a bona fide food
134 service establishment where alcoholic beverages are sold,
135 provided such persons do not participate in the sale,
136 preparation, or service of the beverages and that their duties
137 are of such nature as to provide them with training and
138 knowledge as might lead to further advancement in food service
139 establishments.
140 (e) Persons under the age of 18 years employed as bellhops,
141 elevator operators, and others in hotels when such employees are
142 engaged in work apart from the portion of the hotel property
143 where alcoholic beverages are offered for sale for consumption
144 on the premises.
145 (f) Persons under the age of 18 years employed in bowling
146 alleys in which alcoholic beverages are sold or consumed, so
147 long as such minors do not participate in the sale, preparation,
148 or service of such beverages.
149 (g) Persons under the age of 18 years employed by a bona
150 fide dinner theater as defined in this paragraph, as long as
151 their employment is limited to the services of an actor,
152 actress, or musician. For the purposes of this paragraph, a
153 dinner theater means a theater presenting consecutive
154 productions playing no less than 3 weeks each in conjunction
155 with dinner service on a regular basis. In addition, both events
156 must occur in the same room, and the only advertised price of
157 admission must include both the cost of the meal and the
158 attendance at the performance.
159 (h) Persons under the age of 18 years who are employed in
160 places of business licensed under s. 565.02(6), provided such
161 persons do not participate in the sale, preparation, or service
162 of alcoholic beverages.
163
164 However, a minor who qualifies for one of the exceptions in this
165 subsection to whom this subsection otherwise applies may not be
166 employed as or perform if the employment, whether as a
167 professional entertainer or otherwise if such employment,
168 involves nudity, as defined in s. 847.001, on the part of the
169 minor and such nudity is intended as a form of adult
170 entertainment, or be employed by an adult entertainment
171 establishment, as defined in s. 847.001.
172 (3)(a) It is unlawful for any vendor licensed under the
173 beverage law to employ as a manager or person in charge or as a
174 bartender any person:
175 1. Who has been convicted within the last past 5 years of
176 any offense against the beverage laws of this state, the United
177 States, or any other state.
178 2. Who has been convicted within the last past 5 years in
179 this state or any other state or the United States of soliciting
180 for prostitution, pandering, letting premises for prostitution,
181 keeping a disorderly place, or any felony violation of chapter
182 893 or the controlled substances act of any other state or the
183 Federal Government.
184 3. Who has, in the last past 5 years, been convicted of any
185 felony in this state, any other state, or the United States.
186
187 The term “conviction” shall include an adjudication of guilt on
188 a plea of guilty or nolo contendere or forfeiture of a bond when
189 such person is charged with a crime.
190 (b) This subsection shall not apply to any vendor licensed
191 under the provisions of s. 563.02(1)(a) or s. 564.02(1)(a).
192 Section 7. Subsection (13) is added to section 787.06,
193 Florida Statutes, to read:
194 787.06 Human trafficking.—
195 (13) When a contract is executed, renewed, or extended
196 between a nongovernmental entity and a governmental entity, the
197 nongovernmental entity must provide the governmental entity with
198 an affidavit signed by an officer or a representative of the
199 nongovernmental entity under penalty of perjury attesting that
200 the nongovernmental entity does not use coercion for labor or
201 services as defined in this section. For purposes of this
202 subsection, the term “governmental entity” has the same meaning
203 as in s. 287.138(1).
204 Section 8. Subsection (4) of section 787.29, Florida
205 Statutes, is amended to read:
206 787.29 Human trafficking public awareness signs.—
207 (4) The required public awareness sign must be at least 8.5
208 inches by 11 inches in size, must be printed in at least a 16
209 point type, and must state substantially the following in
210 English and Spanish:
211
212 “If you or someone you know is being forced to engage in an
213 activity and cannot leave—whether it is prostitution, housework,
214 farm work, factory work, retail work, restaurant work, or any
215 other activity—call the Florida Human Trafficking Hotline, 1
216 855-FLA-SAFE, the National Human Trafficking Resource Center at
217 1-888-373-7888 or text INFO or HELP to 233-733 to access help
218 and services. Victims of slavery and human trafficking are
219 protected under United States and Florida law.”
220 Section 9. Section 787.30, Florida Statutes, is created to
221 read:
222 787.30 Employing persons under the age of 21 years in adult
223 entertainment establishments prohibited.—
224 (1) As used in this section, the term:
225 (a) “Adult entertainment establishment” has the same
226 meaning as in s. 847.001.
227 (b) “Nude” means the showing of the human male or female
228 genitals, pubic area, or buttock with less than a fully opaque
229 covering; or the showing of the female breast with less than a
230 fully opaque covering of any portion thereof below the top of
231 the nipple; or the depiction of covered male genitals in a
232 discernibly turgid state. A mother’s breastfeeding of her baby
233 does not under any circumstance constitute nudity, regardless of
234 whether the nipple is covered during or incidental to feeding.
235 (2)(a) Except as provided in paragraph (b), an owner, a
236 manager, an employee, or a contractor of an adult entertainment
237 establishment who knowingly employs, contracts with, contracts
238 with another person to employ, or otherwise permits a person
239 younger than 21 years of age to perform or work in an adult
240 entertainment establishment commits a misdemeanor of the first
241 degree, punishable as provided in s. 775.082 or s. 775.083.
242 (b) An owner, a manager, an employee, or a contractor of an
243 adult entertainment establishment who knowingly employs,
244 contracts with, contracts with another person to employ, or
245 otherwise permits a person younger than 21 years of age to
246 perform or work while nude in an adult entertainment
247 establishment commits a felony of the second degree, punishable
248 as provided in s. 775.082, s. 775.083, or s. 775.084.
249 (3) An owner, a manager, an employee, or a contractor of an
250 adult entertainment establishment who permits a person to
251 perform as an entertainer or work in any capacity for the
252 establishment shall carefully check the person’s driver license
253 or identification card issued by this state or another state of
254 the United States, a passport, or a United States Uniformed
255 Services identification card presented by the person and act in
256 good faith and in reliance upon the representation and
257 appearance of the person in the belief that the person is 21
258 years of age or older.
259 (4) For purposes of this section, a person’s ignorance of
260 another person’s age or a person’s misrepresentation of his or
261 her age may not be raised as a defense in a prosecution for a
262 violation of this section.
263 Section 10. This act shall take effect July 1, 2024.
264
265 ================= T I T L E A M E N D M E N T ================
266 And the title is amended as follows:
267 Delete everything before the enacting clause
268 and insert:
269 A bill to be entitled
270 An act relating to anti-human trafficking; amending s.
271 16.618, F.S.; extending the future repeal date of the
272 direct-support organization for the Statewide Council
273 on Human Trafficking; amending ss. 394.875, 456.0341,
274 and 480.043, F.S.; revising the hotline telephone
275 number to be included in human trafficking awareness
276 signs; amending s. 509.096, F.S.; deleting obsolete
277 provisions; revising the hotline telephone number to
278 be included in human trafficking awareness signs;
279 amending s. 562.13, F.S.; revising applicability of
280 provisions governing the employment of minors by
281 vendors licensed under the Beverage Law; amending s.
282 787.06, F.S.; requiring that contractors with
283 governmental entities attest that they do not use
284 coercion for labor or services; defining the term
285 “governmental entity”; amending s. 787.29, F.S.;
286 revising the hotline telephone number to be included
287 in human trafficking awareness signs; creating s.
288 787.30, F.S.; defining terms; prohibiting the
289 employment of persons younger than 21 years of age in
290 adult entertainment establishments; providing criminal
291 penalties; requiring adult entertainment
292 establishments to check identification of
293 entertainers; specifying forms of identification that
294 may be used; prohibiting the raising of specified
295 arguments as a defense in a prosecution for certain
296 violations; providing an effective date.
297
298 WHEREAS, Florida is ranked third nationally for reported
299 cases of human trafficking abuses, many of which involved sex
300 trafficking, and
301 WHEREAS, adult entertainment establishments are widely
302 recognized as being a significant part of the sex trafficking
303 network used by traffickers to coerce and facilitate men, women,
304 and children into performing sexual acts, which places the
305 employees of these establishments in direct and frequent contact
306 with the victims of human trafficking, and
307 WHEREAS, victims of sex trafficking are frequently
308 recruited to work as performers or employees in adult
309 entertainment establishments, and
310 WHEREAS, researchers have found that sex trafficking
311 victims are more likely to be trafficked by someone from within
312 her or his own community, and
313 WHEREAS, persons younger than 21 years of age are more
314 likely to still remain within and dependent on the community in
315 which they were raised, and
316 WHEREAS, research studies have identified the average age
317 at which a person in the United States enters the sex trade for
318 the first time as 17 years of age, and
319 WHEREAS, sex trade at adult entertainment establishments is
320 a common occurrence in Florida, thereby subjecting performers at
321 these establishments to frequent propositions and enticements to
322 engage in sex trade actions and sex trafficking from customers,
323 as well as strip club employees, managers, and owners, and
324 WHEREAS, an understanding of history and human nature
325 reveals that there are sex criminals of various kinds who will
326 prey on the young and vulnerable, and
327 WHEREAS, restricting the employment of persons younger than
328 21 years of age at adult entertainment establishments furthers
329 an important state interest of protecting those vulnerable
330 individuals from sex trafficking, drug abuse, and other harm,
331 and
332 WHEREAS, many court opinions recognize that, while
333 expressive activities are entitled to some First Amendment
334 protections at adult entertainment establishments, content
335 neutral restrictions or regulations intended to minimize the
336 secondary harmful effects of those businesses tend to be upheld,
337 and
338 WHEREAS, on November 16, 2018, the federal Fifth Circuit
339 Court of Appeals, in the case of Jane Doe I v. Landry, 909 F.3d
340 99 (5th Cir. 2018), upheld a Louisiana law that prohibited
341 establishments licensed to serve alcohol from employing nearly
342 nude entertainers younger than 21 years of age on the grounds
343 that the law furthered the state’s interests in curbing human
344 trafficking and prostitution, and
345 WHEREAS, the federal district court in Valadez v. Paxton,
346 553 F.Supp.3d 387 (W.D. Tex. 2021), denied a motion for a
347 preliminary injunction against the enforcement of Texas Senate
348 Bill 315 prohibiting “all working relationships between 18-20
349 year-olds and sexually-oriented businesses” because the
350 plaintiffs failed to show that the age restrictions were not
351 rationally related to the state’s interest in curbing human
352 trafficking, and
353 WHEREAS, the federal district court in DC Operating, LLC v.
354 Paxton, 586 F.Supp.3d 554 (W.D. Tex. 2022), denied a motion for
355 a preliminary injunction against Texas Senate Bill 315, at least
356 in part, because of the state’s evidence of the correlation
357 between raising the minimum employment age and reducing human
358 trafficking, and
359 WHEREAS, the federal district court in Wacko’s Too, Inc.,
360 v. City of Jacksonville, 658 F.Supp.3d 1086 (M.D. Fla. 2023),
361 upheld age restrictions in a City of Jacksonville ordinance
362 requiring performers at adult entertainment establishments to be
363 at least 21 years of age based, at least in part, on evidence
364 that there was a reasonable basis to believe that the age
365 restrictions would further the city’s interest in preventing
366 human and sex trafficking, NOW, THEREFORE,