Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1660
Ì193322zÎ193322
LEGISLATIVE ACTION
Senate . House
Comm: RS .
03/25/2025 .
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The Committee on Criminal Justice (Grall) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 68 - 349
4 and insert:
5 exchange for something of value. The term includes prostitution.
6 (4) “Female genitals” includes the labia minora, labia
7 majora, clitoris, vulva, hymen, and vagina.
8 (5) “Lewdness” means any indecent or obscene act.
9 (6) “Prostitution” means voluntarily engaging in, agreeing
10 to engage in, or offering to engage in commercial sex.
11 (7) “Sexual activity” means oral, anal, or female genital
12 penetration by, or union with, the sexual organ of another; anal
13 or female genital penetration of another by any other object; or
14 the handling or fondling of the sexual organ of another for the
15 purpose of masturbation. The term does not include acts done for
16 bona fide medical purposes.
17 Section 2. Section 796.031, Florida Statutes, is created to
18 read:
19 796.031 Prostitution, lewdness, and assignation prohibited;
20 penalties.—
21 (1) It is unlawful for an adult to offer to commit, to
22 commit, or to engage in prostitution, lewdness, or assignation.
23 (2) In the trial of a person charged with a violation of
24 this section, testimony concerning the reputation of any place,
25 structure, building, or conveyance involved in the charge;
26 testimony concerning the reputation of any person residing in,
27 operating, or frequenting such place, structure, building, or
28 conveyance; and testimony concerning the reputation of the
29 defendant is admissible in evidence in support of the charge.
30 (3)(a) A person who violates this section commits a
31 misdemeanor of the second degree, punishable as provided in s.
32 775.082 or s. 775.083.
33 (b) In addition to any other penalty imposed, the court
34 shall order a person sentenced for a violation of this section
35 to attend an educational program about the negative effects of
36 commercial sex and human trafficking. The educational program
37 may be offered by a secular or faith-based provider.
38 (c) A judicial circuit may establish an educational program
39 for persons convicted of or charged with a violation of this
40 section, to include education on:
41 1. The relationship between demand for commercial sex and
42 human trafficking;
43 2. The impact of human trafficking on victims;
44 3. Coercion, consent, and sexual violence;
45 4. The health and legal consequences of commercial sex;
46 5. The negative impact of commercial sex on prostituted
47 persons and the community; and
48 6. The reasons and motivations for engaging in
49 prostitution.
50 Section 3. Section 796.04, Florida Statutes, is repealed.
51 Section 4. Section 796.06, Florida Statutes, is amended to
52 read:
53 796.06 Maintaining Renting space to be used for commercial
54 sex lewdness, assignation, or prostitution.—
55 (1) It is unlawful for a person to:
56 (a) Own, establish, maintain, operate, use, let, or rent a
57 building, residence, any place, or structure, in whole or in or
58 part thereof, or a trailer or any other conveyance, when such
59 person knows, or should have known, with the knowledge that it
60 will be used for the purpose of commercial sex lewdness,
61 assignation, or prostitution.
62 (b) Receive, or to offer or agree to receive, a person into
63 a building, residence, place, or structure, or a trailer or any
64 other conveyance, for the purpose of commercial sex or to allow
65 a person to remain there for such purpose.
66 (2) A person who violates this section commits:
67 (a) A felony misdemeanor of the third first degree for a
68 first violation, punishable as provided in s. 775.082 or s.
69 775.083.
70 (b) A felony of the second third degree for a second or
71 subsequent violation, punishable as provided in s. 775.082, s.
72 775.083, or s. 775.084.
73 (3) In the trial of a person charged with a violation of
74 this section, testimony concerning the reputation of any place,
75 structure, building, or conveyance involved in the charge;
76 testimony concerning the reputation of any person residing in,
77 operating, or frequenting such place, structure, building, or
78 conveyance; and testimony concerning the reputation of the
79 defendant is admissible in evidence in support of the charge.
80 (4) If such building, residence, place, structure, or
81 trailer or any other conveyance that is owned, established,
82 maintained, or operated is a massage establishment that is or
83 should be licensed under s. 480.043, the offense must be
84 reclassified to the next higher degree, as follows:
85 (a) A felony of the third degree is reclassified as a
86 felony of the second degree, punishable as provided in s.
87 775.082, s. 775.083, or s. 775.084.
88 (b) A felony of the second degree is reclassified as a
89 felony of the first degree, punishable as provided in s.
90 775.082, s. 775.083, or s. 775.084.
91 Section 5. Section 796.07, Florida Statutes, is amended to
92 read:
93 796.07 Prohibiting prostitution and related acts.—
94 (1) As used in this section:
95 (a) “Assignation” means the making of any appointment or
96 engagement for prostitution or lewdness, or any act in
97 furtherance of such appointment or engagement.
98 (b) “Female genitals” includes the labia minora, labia
99 majora, clitoris, vulva, hymen, and vagina.
100 (c) “Lewdness” means any indecent or obscene act.
101 (d) “Prostitution” means the giving or receiving of the
102 body for sexual activity for hire but excludes sexual activity
103 between spouses.
104 (e) “Sexual activity” means oral, anal, or female genital
105 penetration by, or union with, the sexual organ of another; anal
106 or female genital penetration of another by any other object; or
107 the handling or fondling of the sexual organ of another for the
108 purpose of masturbation; however, the term does not include acts
109 done for bona fide medical purposes.
110 (2) It is unlawful for a person:
111 (a) to provide, or offer to provide, something of value in
112 exchange for sexual activity own, establish, maintain, or
113 operate any place, structure, building, or conveyance for the
114 purpose of lewdness, assignation, or prostitution.
115 (b) To offer, or to offer or agree to secure, another for
116 the purpose of prostitution or for any other lewd or indecent
117 act.
118 (c) To receive, or to offer or agree to receive, any person
119 into any place, structure, building, or conveyance for the
120 purpose of prostitution, lewdness, or assignation, or to permit
121 any person to remain there for such purpose.
122 (d) To direct, take, or transport, or to offer or agree to
123 direct, take, or transport, any person to any place, structure,
124 or building, or to any other person, with knowledge or
125 reasonable cause to believe that the purpose of such directing,
126 taking, or transporting is prostitution, lewdness, or
127 assignation.
128 (e) For a person 18 years of age or older to offer to
129 commit, or to commit, or to engage in, prostitution, lewdness,
130 or assignation.
131 (f) To solicit, induce, entice, or procure another to
132 commit prostitution, lewdness, or assignation.
133 (g) To reside in, enter, or remain in, any place,
134 structure, or building, or to enter or remain in any conveyance,
135 for the purpose of prostitution, lewdness, or assignation.
136 (h) To aid, abet, or participate in any of the acts or
137 things enumerated in this subsection.
138 (i) To purchase the services of any person engaged in
139 prostitution.
140 (2)(3)(a) In the trial of a person charged with a violation
141 of this section, testimony concerning the reputation of any
142 place, structure, building, or conveyance involved in the
143 charge, testimony concerning the reputation of any person
144 residing in, operating, or frequenting such place, structure,
145 building, or conveyance, and testimony concerning the reputation
146 of the defendant is admissible in evidence in support of the
147 charge.
148 (b) Notwithstanding any other provision of law, a police
149 officer may testify as an offended party in an action regarding
150 charges filed pursuant to this section.
151 (3)(a)(4)(a) A person who violates any provision of this
152 section, other than paragraph (2)(f), commits:
153 1. A felony misdemeanor of the third second degree for a
154 first violation, punishable as provided in s. 775.082 or s.
155 775.083.
156 2. A felony misdemeanor of the third first degree for a
157 second violation, punishable as provided in s. 775.082 or s.
158 775.083.
159 3. A felony of the second third degree for a third or
160 subsequent violation, punishable as provided in s. 775.082, s.
161 775.083, or s. 775.084.
162 (b) A person who is charged with a third or subsequent
163 violation of this section, other than paragraph (2)(f), shall be
164 offered admission to a pretrial intervention program or a
165 substance abuse treatment program as provided in s. 948.08.
166 (5)(a) A person who violates paragraph (2)(f) commits:
167 1. A misdemeanor of the first degree for a first violation,
168 punishable as provided in s. 775.082 or s. 775.083.
169 2. A felony of the third degree for a second violation,
170 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
171 3. A felony of the second degree for a third or subsequent
172 violation, punishable as provided in s. 775.082, s. 775.083, or
173 s. 775.084.
174 (b) In addition to any other penalty imposed, if a
175 violation of this section results in any judicial disposition
176 other than acquittal or dismissal, the court must shall order
177 the defendant a person convicted of a violation of paragraph
178 (2)(f) to:
179 1. Perform 100 hours of community service;.
180 2. Pay for and attend an educational program, which may be
181 offered by a secular or faith-based provider, on the negative
182 effects of commercial sexual activity; as described in
183 subsection (8), if such a program exists in the judicial circuit
184 in which the offender is sentenced
185 3. Pay a civil penalty of $5,000. Of the proceeds from each
186 penalty assessed under this subparagraph, the first $500 must be
187 paid to the circuit court administrator for the sole purpose of
188 paying the administrative costs of treatment-based drug court
189 programs provided under s. 397.334. The remainder of the penalty
190 assessed must be deposited in the Operations and Maintenance
191 Trust Fund of the Department of Children and Families for the
192 sole purpose of funding safe houses and safe foster homes as
193 provided in s. 409.1678; and
194 4. Receive sexually transmitted disease testing at a
195 recognized medical facility.
196 (c) A judicial circuit may establish an educational program
197 for persons convicted of or charged with a violation of this
198 section, to include education on:
199 1. The relationship between demand for commercial sex and
200 human trafficking;
201 2. The impact of human trafficking on victims;
202 3. Coercion, consent, and sexual violence;
203 4. The health and legal consequences of commercial sex;
204 5. The negative impact of commercial sex on prostituted
205 persons and the community; and
206 6. The reasons and motivations for engaging in prostitution
207 In addition to any other penalty imposed, the court shall
208 sentence a person convicted of a second or subsequent violation
209 of paragraph (2)(f) to a minimum mandatory period of
210 incarceration of 10 days.
211 (d)1. If a person who violates this section paragraph
212 (2)(f) uses a vehicle in the course of the violation, the judge,
213 upon the person’s conviction, may issue an order for the
214 impoundment or immobilization of the vehicle for a period of up
215 to 60 days. The order of impoundment or immobilization must
216 include the names and telephone numbers of all immobilization
217 agencies meeting all of the conditions of s. 316.193(13). Within
218 7 business days after the date that the court issues the order
219 of impoundment or immobilization, the clerk of the court must
220 send notice by certified mail, return receipt requested, to the
221 registered owner of the vehicle, if the registered owner is a
222 person other than the defendant, and to each person of record
223 claiming a lien against the vehicle.
224 2. The owner of the vehicle may request the court to
225 dismiss the order. The court must dismiss the order, and the
226 owner of the vehicle will incur no costs, if the owner of the
227 vehicle alleges and the court finds to be true any of the
228 following:
229 a. The owner’s family has no other private or public means
230 of transportation;
231 b. The vehicle was stolen at the time of the offense;
232 c. The owner purchased the vehicle after the offense was
233 committed, and the sale was not made to circumvent the order and
234 allow the defendant continued access to the vehicle; or
235 d. The vehicle is owned by the defendant but is operated
236 solely by employees of the defendant or employees of a business
237 owned by the defendant.
238 3. If the court denies the request to dismiss the order,
239 the petitioner may request an evidentiary hearing. If, at the
240 evidentiary hearing, the court finds to be true any of the
241 circumstances described in sub-subparagraphs 2.a.-d. sub
242 subparagraphs (d)2.a.-d., the court must dismiss the order and
243 the owner of the vehicle will incur no costs.
244 (6) A person who violates paragraph (2)(f) shall be
245 assessed a civil penalty of $5,000 if the violation results in
246 any judicial disposition other than acquittal or dismissal. Of
247 the proceeds from each penalty assessed under this subsection,
248 the first $500 shall be paid to the circuit court administrator
249 for the sole purpose of paying the administrative costs of
250 treatment-based drug court programs provided under s. 397.334.
251 The remainder of the penalty assessed shall be deposited in the
252 Operations and Maintenance Trust Fund of the Department of
253 Children and Families for the sole purpose of funding safe
254 houses and safe foster homes as provided in s. 409.1678.
255 (7) If the place, structure, building, or conveyance that
256 is owned, established, maintained, or operated in violation of
257 paragraph (2)(a) is a massage establishment that is or should be
258 licensed under s. 480.043, the offense shall be reclassified to
259 the next higher degree as follows:
260 (a) A misdemeanor of the second degree for a first
261 violation is reclassified as a misdemeanor of the first degree,
262 punishable as provided in s. 775.082 or s. 775.083.
263 (b) A misdemeanor of the first degree for a second
264 violation is reclassified as a felony of the third degree,
265 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
266 (c) A felony of the third degree for a third or subsequent
267 violation is reclassified as a felony of the second degree,
268 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
269 (8)(a) A judicial circuit may establish an educational
270 program for persons convicted of or charged with a violation of
271 paragraph (2)(f), to include education on:
272 1. The relationship between demand for commercial sex and
273 human trafficking.
274 2. The impact of human trafficking on victims.
275 3. Coercion, consent, and sexual violence.
276 4. The health and legal consequences of commercial sex.
277 5. The negative impact of commercial sex on prostituted
278 persons and the community.
279 6. The reasons and motivations for engaging in
280 prostitution.
281 (b) An educational program may include a program offered by
282 a faith-based provider.
283 Section 6. Paragraph (d) of subsection (3) of section
284 921.0022, Florida Statutes, is amended to read:
285 921.0022 Criminal Punishment Code; offense severity ranking
286 chart.—
287 (3) OFFENSE SEVERITY RANKING CHART
288 (d) LEVEL 4
289
290 FloridaStatute FelonyDegree Description
291 104.155 3rd Unqualified noncitizen electors voting; aiding or soliciting noncitizen electors in voting.
292 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
293 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
294 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
295 517.07(1) 3rd Failure to register securities.
296 517.12(1) 3rd Failure of dealer or associated person of a dealer of securities to register.
297 784.031 3rd Battery by strangulation.
298 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
299 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
300 784.075 3rd Battery on detention or commitment facility staff.
301 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
302 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
303 784.081(3) 3rd Battery on specified official or employee.
304 784.082(3) 3rd Battery by detained person on visitor or other detainee.
305 784.083(3) 3rd Battery on code inspector.
306 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
307 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
308 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
309 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
310 787.07 3rd Human smuggling.
311 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
312 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
313 790.115(2)(c) 3rd Possessing firearm on school property.
314 794.051(1) 3rd Indecent, lewd, or lascivious touching of certain minors.
315 796.07(3)(a)2. 3rd Second violation of prostitution of related acts.
316 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
317 806.135 2nd Destroying or demolishing a memorial or historic property.
318 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
319 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
320 810.06 3rd Burglary; possession of tools.
321 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
322 810.145(3)(b) 3rd Digital voyeurism dissemination.
323 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
324 812.014 (2)(c)4. & 6.-10. 3rd Grand theft, 3rd degree; specified items.
325 812.014(2)(d)2. 3rd Grand theft, 3rd degree; $750 or more taken from dwelling or its unenclosed curtilage.
326 812.014(2)(e)3. 3rd Petit theft, 1st degree; less than $40 taken from dwelling or its unenclosed curtilage with two or more prior theft convictions.
327 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
328 817.505(4)(a) 3rd Patient brokering.
329 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
330 817.568(2)(a) 3rd Fraudulent use of personal identification information.
331 817.5695(3)(c) 3rd Exploitation of person 65 years of age or older, value less than $10,000.
332 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
333 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
334 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
335 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it.
336 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose.
337 837.02(1) 3rd Perjury in official proceedings.
338 837.021(1) 3rd Make contradictory statements in official proceedings.
339 838.022 3rd Official misconduct.
340 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
341 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
342 843.021 3rd Possession of a concealed handcuff key by a person in custody.
343 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
344 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
345 843.19(2) 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
346 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
347 870.01(3) 2nd Aggravated rioting.
348 870.01(5) 2nd Aggravated inciting a riot.
349 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
350 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
351 914.14(2) 3rd Witnesses accepting bribes.
352 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
353 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
354 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
355 918.12 3rd Tampering with jurors.
356 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
357 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
358 951.22(1)(h), (j) & (k) 3rd Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
359
360
361 ================= T I T L E A M E N D M E N T ================
362 And the title is amended as follows:
363 Delete lines 15 - 51
364 and insert:
365 prostitute; amending s. 796.06, F.S.; prohibiting
366 persons from owning, establishing, maintaining,
367 operating, using, letting, or renting a building,
368 residence, place, or structure, in whole or in part,
369 or a trailer or any other conveyance, when such person
370 knows or should have known that it will be used for
371 the purpose of commercial sex; prohibiting the
372 receiving, or offering or agreeing to receive, a
373 person into a building, residence, place, or
374 structure, or a trailer or any other conveyance, for
375 the purpose of commercial sexual activity or to allow
376 a person to remain there for such purpose; providing
377 criminal penalties; providing enhanced criminal
378 penalties for second or subsequent violations;
379 providing that specified testimony concerning
380 reputation is admissible in evidence in the trial of
381 persons charged with certain offenses; requiring the
382 reclassification of offenses under specified
383 circumstances; amending s. 796.07, F.S.; deleting
384 definitions; prohibiting a person from providing, or
385 offering to provide, something of value in exchange
386 for sexual activity; deleting prohibited acts relating
387 to prostitution and related acts; deleting a provision
388 authorizing a police officer to testify under certain
389 circumstances; providing criminal penalties; providing
390 enhanced criminal penalties for second or subsequent
391 violations; deleting a requirement that a person
392 charged with a third or subsequent violation be
393 offered admission into certain programs; requiring a
394 court to order that certain defendants perform
395 community service, pay for and attend an educational
396 program, pay a civil penalty, and receive sexually
397 transmitted disease testing; providing requirements
398 for the proceeds of the civil penalty; deleting a
399 minimum mandatory period of incarceration for the
400 commission of a certain offense; conforming provisions
401 to changes made by the act; amending s. 921.0022,
402 F.S.; ranking on level 4 of the offense severity
403 ranking chart a second violation of prostitution or
404 related acts; amending ss. 60.05, 322.28, 397.4073,
405 397.417,