THE BILL ITSELF
HB 1467
Penalties for Prostitution and Related Acts
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A bill to be entitled
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An act relating to penalties for prostitution and
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related acts; amending s. 796.07, F.S.; revising
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penalties for certain offenses; amending ss. 456.074
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and 480.041, F.S.; conforming provisions to changes
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made by the act; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsections (4), (5), and (7) of section
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796.07, Florida Statutes, are amended, and subsection (2) of
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that section is republished, to read:
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796.07 Prohibiting prostitution and related acts.—
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(2) It is unlawful:
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(a) To own, establish, maintain, or operate any place,
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structure, building, or conveyance for the purpose of lewdness,
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assignation, or prostitution.
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(b) To offer, or to offer or agree to secure, another for
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the purpose of prostitution or for any other lewd or indecent
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act.
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(c) To receive, or to offer or agree to receive, any
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person into any place, structure, building, or conveyance for
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the purpose of prostitution, lewdness, or assignation, or to
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permit any person to remain there for such purpose.
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(d) To direct, take, or transport, or to offer or agree to
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direct, take, or transport, any person to any place, structure,
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or building, or to any other person, with knowledge or
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reasonable cause to believe that the purpose of such directing,
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taking, or transporting is prostitution, lewdness, or
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assignation.
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(e) For a person 18 years of age or older to offer to
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commit, or to commit, or to engage in, prostitution, lewdness,
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or assignation.
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(f) To solicit, induce, entice, or procure another to
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commit prostitution, lewdness, or assignation.
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(g) To reside in, enter, or remain in, any place,
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structure, or building, or to enter or remain in any conveyance,
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for the purpose of prostitution, lewdness, or assignation.
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(h) To aid, abet, or participate in any of the acts or
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things enumerated in this subsection.
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(i) To purchase the services of any person engaged in
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prostitution.
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(4)(a) A person who violates any provision of this
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section, other than paragraph (2)(e) or paragraph (2)(g) (2)(f),
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commits:
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1. A misdemeanor of the first second degree for a first
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violation, punishable as provided in s. 775.082 or s. 775.083.
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2. A felony misdemeanor of the third first degree for a
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second violation, punishable as provided in s. 775.082, or s.
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775.083, or 775.084.
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3. A felony of the second third degree for a third or
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subsequent violation, punishable as provided in s. 775.082, s.
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775.083, or s. 775.084.
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(b)1. In addition to any other penalty imposed, the court
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shall order a person convicted of a violation of paragraph
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(2)(f) to:
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a. Perform 100 hours of community service.
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b. Pay for and attend an educational program as described
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in subsection (8), if such a program exists in the judicial
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circuit in which the offender is sentenced.
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2. In addition to any other penalty imposed, the court
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shall sentence a person convicted of a second or subsequent
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violation of paragraph (2)(f) to a minimum mandatory period of
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incarceration of 10 days.
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3.a. If a person who violates paragraph (2)(f) uses a
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vehicle in the course of the violation, the judge, upon the
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person's conviction, may issue an order for the impoundment or
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immobilization of the vehicle for a period of up to 60 days. The
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order of impoundment or immobilization must include the names
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and telephone numbers of all immobilization agencies meeting all
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of the conditions of s. 316.193(13). Within 7 business days
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after the date that the court issues the order of impoundment or
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immobilization, the clerk of the court must send notice by
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certified mail, return receipt requested, to the registered
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owner of the vehicle, if the registered owner is a person other
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than the defendant, and to each person of record claiming a lien
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against the vehicle.
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b. The owner of the vehicle may request the court to
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dismiss the order. The court must dismiss the order, and the
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owner of the vehicle will incur no costs, if the owner of the
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vehicle alleges and the court finds to be true any of the
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following:
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(I) The owner's family has no other private or public
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means of transportation;
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(II) The vehicle was stolen at the time of the offense;
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(III) The owner purchased the vehicle after the offense
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was committed, and the sale was not made to circumvent the order
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and allow the defendant continued access to the vehicle; or
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(IV) The vehicle is owned by the defendant but is operated
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solely by employees of the defendant or employees of a business
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owned by the defendant.
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c. If the court denies the request to dismiss the order,
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the petitioner may request an evidentiary hearing. If, at the
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evidentiary hearing, the court finds to be true any of the
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circumstances described in sub-sub-subparagraphs b.(I)-(IV), the
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court must dismiss the order and the owner of the vehicle will
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incur no costs.
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(b) A person who is charged with a third or subsequent
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violation of this section, other than paragraph (2)(f), shall be
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offered admission to a pretrial intervention program or a
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substance abuse treatment program as provided in s. 948.08.
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(5)(a) A person who violates paragraph (2)(e) or paragraph
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(2)(g) (2)(f) commits:
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(a)1. A misdemeanor of the second first degree for a first
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violation, punishable as provided in s. 775.082 or s. 775.083.
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(b)2. A misdemeanor felony of the first third degree for a
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second violation, punishable as provided in s. 775.082 or, s.
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775.083, or s. 775.084.
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(c)3. A felony of the third second degree for a third or
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subsequent violation, punishable as provided in s. 775.082, s.
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775.083, or s. 775.084.
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(b) In addition to any other penalty imposed, the court
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shall order a person convicted of a violation of paragraph
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(2)(f) to:
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1. Perform 100 hours of community service.
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2. Pay for and attend an educational program as described
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in subsection (8), if such a program exists in the judicial
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circuit in which the offender is sentenced.
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(c) In addition to any other penalty imposed, the court
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shall sentence a person convicted of a second or subsequent
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violation of paragraph (2)(f) to a minimum mandatory period of
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incarceration of 10 days.
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(d)1. If a person who violates paragraph (2)(f) uses a
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vehicle in the course of the violation, the judge, upon the
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person's conviction, may issue an order for the impoundment or
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immobilization of the vehicle for a period of up to 60 days. The
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order of impoundment or immobilization must include the names
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and telephone numbers of all immobilization agencies meeting all
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of the conditions of s. 316.193(13). Within 7 business days
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after the date that the court issues the order of impoundment or
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immobilization, the clerk of the court must send notice by
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certified mail, return receipt requested, to the registered
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owner of the vehicle, if the registered owner is a person other
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than the defendant, and to each person of record claiming a lien
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against the vehicle.
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2. The owner of the vehicle may request the court to
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dismiss the order. The court must dismiss the order, and the
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owner of the vehicle will incur no costs, if the owner of the
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vehicle alleges and the court finds to be true any of the
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following:
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a. The owner's family has no other private or public means
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of transportation;
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b. The vehicle was stolen at the time of the offense;
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c. The owner purchased the vehicle after the offense was
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committed, and the sale was not made to circumvent the order and
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allow the defendant continued access to the vehicle; or
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d. The vehicle is owned by the defendant but is operated
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solely by employees of the defendant or employees of a business
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owned by the defendant.
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3. If the court denies the request to dismiss the order,
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the petitioner may request an evidentiary hearing. If, at the
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evidentiary hearing, the court finds to be true any of the
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circumstances described in sub-subparagraphs (d)2.a.-d., the
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court must dismiss the order and the owner of the vehicle will
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incur no costs.
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(7) If the place, structure, building, or conveyance that
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is owned, established, maintained, or operated in violation of
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paragraph (2)(a) is a massage establishment that is or should be
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licensed under s. 480.043, the offense shall be reclassified to
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the next higher degree as follows:
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(a) A misdemeanor of the first second degree for a first
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violation is reclassified as a felony misdemeanor of the third
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first degree, punishable as provided in s. 775.082, or s.
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775.083, or s. 775.084.
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(b) A felony misdemeanor of the third first degree for a
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second violation is reclassified as a felony of the second third
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degree, punishable as provided in s. 775.082, s. 775.083, or s.
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775.084.
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(c) A felony of the second third degree for a third or
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subsequent violation is reclassified as a felony of the first
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second degree, punishable as provided in s. 775.082, s. 775.083,
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or s. 775.084.
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Section 2. Paragraph (l) of subsection (4) and paragraph
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(q) of subsection (5) of section 456.074, Florida Statutes, are
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amended to read:
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456.074 Certain health care practitioners; immediate
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suspension of license.—
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(4) The department shall issue an emergency order
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suspending the license of a massage therapist and establishment
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as those terms are defined in chapter 480 upon receipt of
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information that the massage therapist; the designated
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establishment manager as defined in chapter 480; an employee of
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the establishment; a person with an ownership interest in the
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establishment; or, for a corporation that has more than $250,000
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of business assets in this state, the owner, officer, or
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individual directly involved in the management of the
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establishment has been arrested for committing or attempting,
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soliciting, or conspiring to commit, or convicted or found
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guilty of, or has entered a plea of guilty or nolo contendere
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to, regardless of adjudication, a violation of s. 796.07 or a
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felony offense under any of the following provisions of state
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law or a similar provision in another jurisdiction:
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(l) Section 796.07(4)(a)3., relating to a felony of the
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second third degree for a third or subsequent violation of s.
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796.07, relating to prohibiting prostitution and related acts.
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(5) The department shall issue an emergency order
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suspending the license of any health care practitioner who is
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arrested for committing or attempting, soliciting, or conspiring
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to commit any act that would constitute a violation of any of
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the following criminal offenses in this state or similar
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offenses in another jurisdiction:
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(q) Section 796.07(4)(a)3., relating to a felony of the
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second third degree for a third or subsequent violation of s.
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796.07, relating to prohibiting prostitution and related acts. Section 3. Paragraph (l) of subsection (6) of section
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480.041, Florida Statutes, is amended to read:
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480.041 Massage therapists; qualifications; licensure;
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endorsement.—
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(6) The board shall deny an application for a new or
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renewal license if an applicant has been convicted or found
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guilty of, or enters a plea of guilty or nolo contendere to,
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regardless of adjudication, a violation of s. 796.07(2)(a) which
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is reclassified under s. 796.07(7) or a felony offense under any
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of the following provisions of state law or a similar provision
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in another jurisdiction:
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(l) Section 796.07(4)(a)3., relating to a felony of the
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second third degree for a third or subsequent violation of s.
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796.07, relating to prohibiting prostitution and related acts.
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Section 4. This act shall take effect October 1, 2026.