THE BILL ITSELF
HB 257
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.; increasing the
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penalties for certain offenses; amending ss. 456.074,
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480.041, 480.043, and 480.046, F.S.; conforming
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provisions to changes made by the act; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraphs (b), (c), and (d) of subsection (5)
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of section 796.07, Florida Statutes, are redesignated as
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paragraphs (a), (b), and (c), respectively, subsection (4),
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paragraph (a) and present subsection (d) of subsection (5), and subsection (7) of that section are amended, and subsection (2)
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of 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)(f), commits:
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(a)1. A felony misdemeanor of the third second degree for
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a first violation, punishable as provided in s. 775.082 or s.
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775.083.
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(b)2. A felony misdemeanor of the second first degree for
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a second violation, punishable as provided in s. 775.082 or s.
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775.083.
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(c)3. A felony of the first 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) 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)(f) commits:
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1. A misdemeanor of the 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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2. A felony of the third degree for a second violation,
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punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
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3. A felony of the second degree for a third or subsequent
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violation, punishable as provided in s. 775.082, s. 775.083, or
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s. 775.084.
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(c)(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 2.a.-d. (d)2.a.-d.,
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the court must dismiss the order and the owner of the vehicle
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will 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 felony misdemeanor of the third second degree for a
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first violation is reclassified as a felony misdemeanor of the
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second first degree, punishable as provided in s. 775.082 or s.
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775.083.
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(b) A felony misdemeanor of the second first degree for a
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second violation is reclassified as a felony of the first 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 first third degree for a third or
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subsequent violation is reclassified as a life felony of the
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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 796.07 796.07(4)(a)3., relating to a felony of
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the 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)(c) 796.07(4)(a)3., relating to a
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felony of the first third degree for a third or subsequent
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violation of s. 796.07, relating to prohibiting prostitution and
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related acts.
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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)(c) 796.07(4)(a)3., relating to a
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felony of the first third degree for a third or subsequent
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violation of s. 796.07, relating to prohibiting prostitution and
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related acts.
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Section 4. Subsection (8) of section 480.043, Florida
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Statutes, is amended to read:
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480.043 Massage establishments; requisites; licensure;
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inspection; human trafficking awareness training and policies.—
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(8) The department shall deny an application for a new or
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renewal license if an establishment owner or a designated
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establishment manager or, for a corporation that has more than
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$250,000 of business assets in this state, an establishment
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owner, a designated establishment manager, or any individual
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directly involved in the management of the establishment has
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been convicted of or entered a plea of guilty or nolo contendere
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to any misdemeanor or felony crime, regardless of adjudication,
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related to prostitution or related acts as described in s.
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796.07 or a felony offense under any of the following provisions
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of state law or a similar provision in another jurisdiction:
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(a) Section 787.01, relating to kidnapping.
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(b) Section 787.02, relating to false imprisonment.
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(c) Section 787.025, relating to luring or enticing a
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child.
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(d) Section 787.06, relating to human trafficking.
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(e) Section 787.07, relating to human smuggling.
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(f) Section 794.011, relating to sexual battery.
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(g) Section 794.08, relating to female genital mutilation.
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(h) Former s. 796.03, relating to procuring a person under
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the age of 18 for prostitution.
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(i) Former s. 796.035, relating to selling or buying of
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minors into prostitution.
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(j) Section 796.04, relating to forcing, compelling, or
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coercing another to become a prostitute.
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(k) Section 796.05, relating to deriving support from the
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proceeds of prostitution.
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(l) Section 796.07, relating to prohibiting prostitution
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and related acts.
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(m)(l) Section 800.04, relating to lewd or lascivious
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offenses committed upon or in the presence of persons less than
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16 years of age.
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(n)(m) Section 825.1025(2)(b), relating to lewd or
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lascivious offenses committed upon or in the presence of an
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elderly or disabled person.
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(o)(n) Section 827.071, relating to sexual performance by
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a child.
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(p)(o) Section 847.0133, relating to the protection of
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minors.
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(q)(p) Section 847.0135, relating to computer pornography.
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(r)(q) Section 847.0138, relating to the transmission of
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material harmful to minors to a minor by electronic device or
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equipment.
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(s)(r) Section 847.0145, relating to the selling or buying
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of minors.
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Section 5. Paragraph (c) of subsection (3) of section
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480.046, Florida Statutes, is amended to read:
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480.046 Grounds for disciplinary action by the board.—
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(3) The board shall revoke or suspend the license of a
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massage establishment licensed under this act, or deny
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subsequent licensure of such an establishment, if any of the
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following occurs:
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(c) The establishment owner, the designated establishment
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manager, or any individual providing massage therapy services
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for the establishment has had the entry in any jurisdiction of:
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1. A final order or other disciplinary action taken for
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sexual misconduct involving prostitution;
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2. A final order or other disciplinary action taken for
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crimes related to the practice of massage therapy involving
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prostitution; or
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3. A conviction or a plea of guilty or nolo contendere to
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any misdemeanor or felony crime, regardless of adjudication,
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related to prostitution or related acts as described in s.
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796.07.
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Section 6. This act shall take effect October 1, 2026.