Florida 2022 Regular Session Status: In Committee 1 D cosponsors

SB 760 — Human Trafficking

Last action — Died in Appropriations

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Human Trafficking; Revising the definition of the term “coercion”; prohibiting facilitating or enabling the receiving of persons in any place, structure, building, or conveyance for the purpose of prostitution, lewdness, or assignation, or facilitating or enabling any person to remain there for such purpose; providing that a person may not procure, facilitate, or entice another to engage in prostitution for specified purposes; providing increased criminal penalties for specified prohibited acts relating to prostitution, lewdness, or assignation; deleting provisions relating to the reclassification of penalties if a massage establishment is used for lewdness, assignation, or prostitution, etc.

Bill Text

What changed in the latest version

324 added · 361 removed

324 line(s) added, 361 removed.

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Florida Senate - 2022 SB 760 By Senator Berman 31-00326B-22 2022760__ A bill to be entitled An act relating to human trafficking;
Florida Senate - 2022 CS for SB 760 By the Committee on Criminal Justice;
and Senator Berman 591-01938-22 2022760c1 A bill to be entitled An act relating to human trafficking;
providing criminal penalties for engaging in human trafficking or benefiting financially by receiving value from human trafficking using the labor or services or commercial sexual activity of an adult;
prohibiting facilitating or enabling the receiving of persons in any place, structure, building, or conveyance for the purpose of prostitution, lewdness, or assignation, or facilitating or enabling any person to remain there for such purposes;
prohibiting facilitating or enabling the receiving of persons in any place, structure, building, or conveyance for the purpose of prostitution, lewdness, or assignation, or facilitating or enabling any person to remain there for such purpose;
providing that a person may not procure, facilitate, or entice another to engage in prostitution for specified purposes;
providing criminal penalties;
deleting provisions relating to the reclassification of penalties if a massage establishment is used for lewdness, assignation, or prostitution;
456.074, 480.041, and 943.0433, F.S.;
456.074, 480.041, and 943.0433, F.S.:
conforming cross-references;
conforming provisions and cross-references to changes made by the act;
Subsections (2) and (3) of section 787.06, Florida Statutes, are amended to read:
Subsection (2) of section 787.06, Florida Statutes, is amended to read:
Using or threatening to use physical force against any person;
Using or threatening to use physical force against any Page 1 of 11 CODING:
2.
Restraining, isolating, or confining, or threatening to restrain, isolate, or confine, any person without lawful Page 1 of 12 CODING:
Florida Senate - 2022 SB 760 31-00326B-22 2022760__ authority and against her or his will;
Florida Senate - 2022 CS for SB 760 591-01938-22 2022760c1 person;
2.
Restraining, isolating, or confining, or threatening to restrain, isolate, or confine, any person without lawful authority and against her or his will;
(d) “Human trafficking” means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person Page 2 of 12 CODING:
Page 2 of 11 CODING:
Florida Senate - 2022 SB 760 31-00326B-22 2022760__ for the purpose of exploitation of that person.
Florida Senate - 2022 CS for SB 760 591-01938-22 2022760c1 (d) “Human trafficking” means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation of that person.
(3) Any person who knowingly, or in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking:
Section 2.
Page 3 of 12 CODING:
Present subsections (5) and (6) of section 796.07, Florida Statutes, are redesignated as subsections (7) Page 3 of 11 CODING:
Florida Senate - 2022 SB 760 31-00326B-22 2022760__ (a)1.
Florida Senate - 2022 CS for SB 760 591-01938-22 2022760c1 and (8), respectively, new subsections (5) and (6) and subsection (9) are added to that section, and subsections (2) and (4) and present subsection (7) of that section are amended, to read:
For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age commits a felony of the first degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
2.
Using coercion for labor or services of an adult commits a felony of the first degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
3.
For labor or services of an adult commits a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
(b)1.
Using coercion for commercial sexual activity of an adult commits a felony of the first degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
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2.
For commercial sexual activity of an adult commits a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
(c)1.
For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age who is an unauthorized alien commits a felony of the first degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
2.
Using coercion for labor or services of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
(d) Using coercion for commercial sexual activity of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
Page 4 of 12 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 SB 760 31-00326B-22 2022760__ (e)1.
For labor or services who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
2.
Using coercion for labor or services who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
(f)1.
For commercial sexual activity who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s.
775.082, s.
775.083, or s.
775.084.
2.
Using coercion for commercial sexual activity who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
(g) For commercial sexual activity in which any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age, or in which any person who is mentally defective or mentally incapacitated as those terms are defined in s.
794.011(1), is involved commits a life felony, punishable as provided in s.
775.082(3)(a)6., s.
775.083, or s.
775.084.
Page 5 of 12 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 SB 760 31-00326B-22 2022760__ For each instance of human trafficking of any individual under this subsection, a separate crime is committed and a separate punishment is authorized.
Section 2.
Present subsections (5), (6), and (7) of section 796.07, Florida Statutes, are redesignated as subsections (6), (7), and (8), respectively, a new subsection (5) is added to that section, and subsections (2) and (4) of that section are amended, to read:
(e) For a person 18 years of age or older to offer to commit, or to commit, or to engage in, prostitution, lewdness, Page 6 of 12 CODING:
(e) For a person 18 years of age or older to offer to commit, or to commit, or to engage in, prostitution, lewdness, or assignation.
(f) To solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation.
(g) To reside in, enter, or remain in, any place, Page 4 of 11 CODING:
Florida Senate - 2022 SB 760 31-00326B-22 2022760__ or assignation.
Florida Senate - 2022 CS for SB 760 591-01938-22 2022760c1 structure, or building, or to enter or remain in any conveyance, for the purpose of prostitution, lewdness, or assignation.
(f) To solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation.
(g) To reside in, enter, or remain in, any place, structure, or building, or to enter or remain in any conveyance, for the purpose of prostitution, lewdness, or assignation.
(4)(a) A person who violates any provision of this section, other than paragraph (2)(a) or paragraph (2)(f), commits:
(j) For a person to knowingly, or in reckless disregard of the facts:
Engage in the soliciting, recruiting, harboring, enticing, purchasing, or procuring of another person for the purpose of prostitution;
and 2.
Benefit financially or receive anything of value, or intend to benefit financially or receive anything of value, by participating in such soliciting, recruiting, harboring, enticing, purchasing, or procuring, of another person.
(4)(a) A person who violates any provision of this section, other than paragraph (2)(a), paragraph (2)(d), paragraph (2)(f), or paragraph (2)(j), paragraph (2)(f), commits:
1.
(b) A person who is charged with a third or subsequent violation of this section, other than paragraph (2)(a) or paragraph (2)(f), shall be offered admission to a pretrial intervention program or a substance abuse treatment program as provided in s.
(b) A person who is charged with a third or subsequent violation of this section, other than paragraph (2)(a), paragraph (2)(d), paragraph (2)(f), or paragraph (2)(j), paragraph (2)(f), shall be offered admission to a pretrial Page 5 of 11 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 760 591-01938-22 2022760c1 intervention program or a substance abuse treatment program as provided in s.
(5)(a) A person who violates paragraph (2)(a) commits a felony of the second degree, punishable as provided in s.
(5) A person who violates paragraph (2)(a) commits a felony of the second degree, punishable as provided in s.
(b)1.
(6)(a) A person who violates paragraph (2)(d) commits a felony of the second degree for a first violation, punishable as provided in s.
A person who violates paragraph (2)(d) commits a felony of the second degree for a first violation, punishable as Page 7 of 12 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 SB 760 31-00326B-22 2022760__ provided in s.
2.
(b) A person who violates paragraph (2)(d) commits a felony of the first degree for a second or subsequent violation, punishable as provided in s.
A person who violates paragraph (2)(d) commits a felony of the first degree for a second or subsequent violation, punishable as provided in s.
(9) A person who violates paragraph (2)(j) commits a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
(7) If the place, structure, building, or conveyance that is owned, established, maintained, or operated in violation of paragraph (2)(a) is a massage establishment that is or should be licensed under s.
480.043, the offense shall be reclassified to the next higher degree as follows:
(a) A misdemeanor of the second degree for a first violation is reclassified as a misdemeanor of the first degree, punishable as provided in s.
775.082 or s.
775.083.
(b) A misdemeanor of the first degree for a second violation is reclassified as a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
(c) A felony of the third degree for a third or subsequent violation is reclassified as a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
Subsection (4) of section 456.074, Florida Statutes, is amended to read:
Subsection (4) of section 456.074, Florida Page 6 of 11 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 760 591-01938-22 2022760c1 Statutes, is amended to read:
796.07(8) s.
Page 8 of 12 CODING:
(h) Former s.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 SB 760 31-00326B-22 2022760__ (h) Former s.
(j) Section 796.04, relating to forcing, compelling, or coercing another to become a prostitute.
(j) Section 796.04, relating to forcing, compelling, or Page 7 of 11 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 760 591-01938-22 2022760c1 coercing another to become a prostitute.
Page 9 of 12 CODING:
endorsement.— (7) The board shall deny an application for a new or renewal license if an applicant has been convicted or found guilty of, or enters a plea of guilty or nolo contendere to, regardless of adjudication, a violation of s.
796.07(2)(a) which Page 8 of 11 CODING:
Florida Senate - 2022 SB 760 31-00326B-22 2022760__ endorsement.— (7) The board shall deny an application for a new or renewal license if an applicant has been convicted or found guilty of, or enters a plea of guilty or nolo contendere to, regardless of adjudication, a violation of s.
Florida Senate - 2022 CS for SB 760 591-01938-22 2022760c1 is reclassified under s.
796.07(2)(a) which is reclassified under s.
796.07(8) s.
(m) Section 800.04, relating to lewd or lascivious offenses committed upon or in the presence of persons less than 16 years Page 10 of 12 CODING:
(m) Section 800.04, relating to lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.
(n) Section 825.1025(2)(b), relating to lewd or lascivious offenses committed upon or in the presence of an elderly or disabled person.
(o) Section 827.071, relating to sexual performance by a Page 9 of 11 CODING:
Florida Senate - 2022 SB 760 31-00326B-22 2022760__ of age.
Florida Senate - 2022 CS for SB 760 591-01938-22 2022760c1 child.
(n) Section 825.1025(2)(b), relating to lewd or lascivious offenses committed upon or in the presence of an elderly or disabled person.
(o) Section 827.071, relating to sexual performance by a child.
796.07(6)(e) s.
796.07(7)(e) s.
796.07(6)(e) s.
796.07(7)(e) s.
796.07(5)(e), such person has not subsequently committed a violation that meets such criteria or any other offense within that time that would Page 11 of 12 CODING:
796.07(5)(e), such person has not subsequently committed a violation that meets such criteria or any other offense within that time that would constitute a sexual offense, including, but not limited to, human trafficking, or an offense that would require registration as a sexual offender.
(b) The department may not remove a criminal history record from the database if a person commits a violation that meets the Page 10 of 11 CODING:
Florida Senate - 2022 SB 760 31-00326B-22 2022760__ constitute a sexual offense, including, but not limited to, human trafficking, or an offense that would require registration as a sexual offender.
Florida Senate - 2022 CS for SB 760 591-01938-22 2022760c1 criteria set forth in s.
(b) The department may not remove a criminal history record from the database if a person commits a violation that meets the criteria set forth in s.
796.07(7)(e) s.
796.07(6)(e) s.
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Action History

  1. Died in Appropriations

  2. Indefinitely postponed and withdrawn from consideration

  3. Now in Appropriations

  4. Subcommittee Recommendation: Favorable by Appropriations Subcommittee on Criminal and Civil Justice; YEAS 7 NAYS 0

  5. On Committee agenda-- Appropriations Subcommittee on Criminal and Civil Justice, 02/16/22, 1:00 pm, 37 Senate Building

  6. CS by Criminal Justice read 1st time

  7. Now in Appropriations Subcommittee on Criminal and Civil Justice

  8. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  9. CS by Criminal Justice; YEAS 7 NAYS 0

  10. Introduced

  11. On Committee agenda-- Criminal Justice, 01/11/22, 1:30 pm, 110 Senate Building

  12. Referred to Criminal Justice; Appropriations Subcommittee on Criminal and Civil Justice; Appropriations

  13. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 162 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (162)

162 members have not signed on to this bill.

Show all 162 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable

Passed 7 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
No Party Affiliation 1000
Republican 2000
Total 7001
% of votes cast 88%0%0%13%
How each member voted (8)
Member Party Vote
Bracy — Yea
Gainer — Yea
Torres — Yea
Perry — Yea
Baxley — Not Voting
Pizzo, Jason W. B. No Party Affiliation Yea
Rodriguez, Ana Maria Republican Yea
Wright, Tom A. Republican Yea

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Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 760 do?
Human Trafficking; Revising the definition of the term “coercion”; prohibiting facilitating or enabling the receiving of persons in any place, structure, building, or conveyance for the purpose of prostitution, lewdness, or assignation, or facilitating or enabling any person to remain there for such purpose; providing that a person may not procure, facilitate, or entice another to engage in prostitution for specified purposes; providing increased criminal penalties for specified prohibited acts relating to prostitution, lewdness, or assignation; deleting provisions relating to the reclassification of penalties if a massage establishment is used for lewdness, assignation, or prostitution, etc.
Who sponsors SB 760?
SB 760 is sponsored by Criminal Justice and Berman, Lori (Democrat).
What is the current status of SB 760?
This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 760?
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