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Florida Information Resource Library

About | Child Trafficking and Exploitation and Child Protective Services

Awareness and education are critical to preventing child exploitation and trafficking in Florida and across the nation. The resources, information, and tools below will help you gain knowledge, know the facts, and get in the fight by mobilizing your community to end the war on children.

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Section I: Florida State Laws

The following is a list of state statutes that relate to human and child trafficking with links and short summaries.

CLICK TO READ LAW 420.648 Affordable Housing for Children and Young Adults Leaving Foster Care: Legislative Findings and Intent
Summary: This statute outlines the legislative intent for providing affordable housing for children and young adults leaving the foster care system. The Legislature found that there are many young adults who live within the foster care system who face obstacles to transitioning successfully into adulthood. They further found that the main barriers to housing that is both safe and affordable is the lack of availability, cost, and knowledge of how to be a good tenant.

CLICK TO READ LAW 409.145 Care of Children and the Reasonable and Prudent Parent Standard
Summary: This statute defines “reasonable and prudent parent” in relation to the Reasonably Prudent Parent Standard as “the standard of care used by a caregiver in determining whether to allow a child in his or her care to participate in extracurricular, enrichment, and social activities. This standard is characterized by careful and thoughtful parent decision making that is intended to maintain a child’s health, safety, and best interest while encouraging the child’s emotional and developmental growth.” The statute also outlines how the standard is to be applied to foster care parents making decisions for the children in their care.

CLICK TO READ LAW 450.161 Chapter Not to Affect Career Education of Children Exceptions
Summary: This statute applies as an exception for the employment of student learners 16 to 18 years old when “1) the student learner is enrolled in a youth vocational training program under a recognized state or local educational authority 2) Such student learner is employed under a written agreement that provides a) the work of the student learning in the occupation declared particularly hazardous shall be incidental to the training b) such work shall be intermittent and for short periods of time and under the direct and close supervision of a qualified and experienced person c) that safety instructions shall be given by the school and correlated by the employer with on the job training d) that a schedule of organized and progressive work process to be performed on the job shall have been prepared.”

CLICK TO READ LAW 39.5075 Citizenship or Residence Status for Immigrant Children Who Are Dependents
Summary: This statute addresses situations where an immigrant child may be adjudicated as a dependent and eligible for special immigration status. “A child is eligible for special immigrant status if the child has been found to be the victim of abuse, neglect or abandonment; the best interest of the child is to remain in the United States; and the child remains under the jurisdiction of the juvenile court.”

CLICK TO READ LAW 787.061 Civil Actions by Victims of Human Trafficking
Summary: Legislative Intent: To provide a civil cause of action for the recovery of specified damages and costs in order to achieve the intent of the Legislature which is to penalize human trafficking.

Who does the statute protect: vulnerable children and adults or those that have already been trafficked and forced to work, perform, dance at adult theaters.

Who can assert: Children and adults who have been trafficked and forced to work, perform, or dance at adult theaters.

What it does: The statute provides victims of human trafficking a civil cause of action against an adult theater or an owner, an operator, or a manager of such theater that knowingly allows a victim of human trafficking to work, perform, or dance at the adult theater. The action may be brought in any circuit court of competent jurisdiction in the state. Prevailing victims may recover economic, noneconomic, and punitive damages as well as attorney’s fees and costs. If the court determines that a parent or legal guardian knowingly trafficked the victim, facilitated such trafficking or otherwise participated in the human trafficking of the victim, the court may not allow such parents or legal guardian to receive any distortion of damages under this section.

CLICK TO READ LAW 409.1754 Commercial Sexual Exploitation of Children; Screening and Assessment; Training Multidisciplinary Staffing; Service Plans. (Effective Until January 1, 2024)
Summary: This statute requires the Department of Children and Families to “develop or adopt at least one screening and assessment instructions to identify, determine the needs of, plan services for, and determine the appropriate placement for child victims of commercial sexual exploitation who are not eligible for relief benefits under the Federal Trafficking Victims Protection Act.”

As of January 1, 2024, this statute will be updated to include language that a local sheriff’s department may no longer be involved in the assessment or implementation process as is presently allowed under section 39.3065.

CLICK TO READ LAW 39.202 Confidentiality of Reports of Child Abuse or Neglect (Effective Until October 2, 2024)
Summary: This statute relates to the confidentiality of records involving children in cases of child abuse and neglect. There are situations in which the public has a right to request some of these records if the request aids in the potential rescue of a child.

CLICK TO READ LAW 409.016 Definitions
Summary: This statute defines “Commercial Sexual Exploitation” as used in context of the chapter as the: “use of any person under the age of 18 years for sexual purpose in exchange for money, goods, or services or the promise of money, goods, or services as well as other terms related to the Department of Children and Families.”

CLICK TO READ LAW 450.132 Employment of Children by the Entertainment Industry Rules; Procedures
Summary: The statute provides that children may be employed by the entertainment industry in the production of motion pictures, legitimate plays, television shows, still photography, recording, publicity, musical and live performances, circuses, and rodeos, in any work not determined by the department to be hazardous, or detrimental to their health, morals, education, or welfare. It further requires that those who employ minors in the industry notify the Department of Children and Families notifying them of the number of days the minor worked, the location of the work, and the date of termination. It further requires that, for minors, time spent in rehearsals and in learning the practicing any of the arts shall be counted as work time when the practice relates to or is in contemplation of particular pictures or shows.

CLICK TO READ LAW 787.02 False Imprisonment: False Imprisonment of a Child Under the Age of 13; Aggravating Circumstances
Summary: The statute defines false imprisonment as, “forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.” A person commits false imprisonment of a child under the age of 13 if the confinement is not only against the child’s will but also without the consent of his or her parents and is guilty of a third-degree felony. However, a person commits a first degree felony punishable by imprisonment up to a life sentence if, during the course of committing the offense, the person commits any of the following offenses,: “1) aggravated child abuse 2) sexual battery against a child; 3) lewd or lascivious batter, lewd or lascivious molestation, lewd or lascivious conduct or lewd or lascivious exhibition; 4) A violation of statute 796.03 or 796.04 relating to prostitution, upon the child; 5) Exploitation of the child or allowing the child to be exploited in violation of 450.151.”

CLICK TO READ LAW 450.061 Hazardous Occupations Prohibited; Exemptions
Summary: This statute prohibits any children age 15 and younger from working in any hazardous occupation.

CLICK TO READ LAW 450.081 Hours of Work In Certain Occupations
Summary: The statute “prohibits minors 15 and younger from being employed, permitted, or suffering to work before 7am or after 7pm when school is scheduled the following day or for more than 15 hours a week. On any school day, minors 15 and younger are prohibited from being gainfully employed for more than 3 hours unless there is no school the next day. During holidays and summer vacations, minors 15 years and younger are prohibited from working 7am or after 9pm or for more than 8 hours in any one day or for more than 40 hours a week. – Minors 16 and 17 are prohibited from being employed, permitted, or suffering to work before 6:30am or after 11pm or for more than 8 hours a day when school is scheduled the following day, or for more than 30 hours a week when school is in session.

Minors 17 years of age or younger shall not be employed, permitted, or suffered to work in any meaningful occupation for more than 6 consecutive days in one week; work more than 4 hours continuously without an interval of at least 30 minutes.”

CLICK TO READ LAW 787.06 Human Trafficking
Summary: This statute criminalizes any person who knowingly or in reckless disregard of the facts engages or attempts to engage in in human trafficking or benefits financially from receiving anything of value from participants in a venture that has subjected a person to human trafficking. Violation of this statute is a first-degree felony.

CLICK TO READ LAW 450.151 Hiring and Employing; Infliction of pain or Suffering; Penalty
Summary: The statute protects children under the age of 18 by “prohibiting anyone from taking, receiving, hiring, employing, using, exhibiting, or in any manner or under any pretense causes or permits any child less than 18 years old to suffer; inflicting upon any such child unjustifiable physical pain or mental suffering; or causing or permitting the life of any such child to be endangered or his or her health to be injured or such child to be placed in such situation that his or her life may be endangered or health injured; having custody of a child for any purpose prohibited under this statute.” Any person who violates this statute is guilty of a second-degree felony and is punishable by sections 775.082, 775.083, or 775.084.

CLICK TO READ LAW 787.29 Human Trafficking Public Awareness Signs
Summary: This statute requires certain businesses/establishments to display a 8.5 by 11 inch sign with the following message in at least 16 font, ” “If you or someone you know is being forced to engage in an activity and cannot leave—whether it is prostitution, housework, farm work, factory work, retail work, restaurant work, or any other activity–call the National Human Trafficking Resource Center at 1-888-373-7888 or text INFO or HELP to 233-733 to access help and services. Victims of slavery and human trafficking are protected under United States and Florida law.” These establishments include Rest Areas, turnpikes, service plazas, weigh station, primary airports, passenger rail stations, welcome centers, emergency rooms, adult entertainment establishments or businesses that offer massage or bodywork services for compensation (that are not owned by a health care practitioner).

Who can assert: Children and adults who have been trafficked and forced to work, perform, or dance at adult theaters.

What it does: The statute provides victims of human trafficking a civil cause of action against an adult theater or an owner, an operator, or a manager of such theater that knowingly allows a victim of human trafficking to work, perform, or dance at the adult theater. The action may be brought in any circuit court of competent jurisdiction in the state. Prevailing victims may recover economic, noneconomic, and punitive damages as well as attorney’s fees and costs. If the court determines that a parent or legal guardian knowingly trafficked the victim, facilitated such trafficking or otherwise participated in the human trafficking of the victim, the court may not allow such parents or legal guardian to receive any distortion of damages under this section.

CLICK TO READ LAW 409.14514 Independent Living Preparation
Summary: The statute requires that the Department of Children and Families assist children who are in foster care in making the transition to independent living.

CLICK TO READ LAW 409.175 Licensure of Family Foster Homes: Residential Child-Caring Agencies, and Child Placing Agencies; Public Records Exemption
Summary: The statute defines key terms such as License, Child, Placement Screening and other relevant definitions to the context of the statute. It further explains the requirements that the Department of Children and Families (DCF) should adhere to when issuing capacity waivers to foster care families. Licensed foster homes must have their capacity reassessed annually as part of their re-licensure process. A person, family foster home, or residential child caring agency may not provide continuing full-time child-care or custody unless such person, home or agency has first procured a license from the department to provide such care. However, this does not apply to a person who is a relative of the child. It further requires DCF to adopt and amend rules for levels of licensed care associated with the licensure of family foster homes, residential child-caring agencies and child placing agencies. It provides the five levels associated with foster care licensing. The statute outlines the licensure and operation requirements for family foster homes, residential child caring agencies and child placing including (but not limited to): operational requirements, safety and cleanliness and requiring signs to be placed on the premises warning of the dangers of human trafficking. It prohibits DCF from adopting rules that interfere with the free exercise of religion.

CLICK TO READ LAW 39.201 Mandatory Reporting of Child Abuse, Abandonment, Neglect or Sexual Abuse
Summary: The statute requires any person to report immediately to the central abuse hotline, in writing, though a call to the toll-free telephone number or through electronic reporting, if he or she knows or has reason to suspect child abuse, abandonment or neglect or child abuse by someone other than a parent, caregiver or other person responsible for the child’s welfare. Reports can be made anonymously however, health care professionals, mental health professionals, physicians, practitioners who rely solely on spiritual means for healing, schoolteachers and staff, social workers, day care workers, foster care workers, law enforcement officers, judges and animal control officers must provide his or her name when reporting. Reports of sexual abuse of a child or juvenile must be reported immediately to the central hotline. Within 48 hours after receiving such a report, the Department of Children and Families must conduct an assessment, assist the family in receiving appropriate support and send a written report of the allegation to the appropriate sheriff’s office. Only in state instances of abuse/neglect/abandonment shall be reporting to the abuse hotline. Any person required to report of a child’s death must be reported to the appropriate medical examiner who will investigate and report his/her findings to the appropriate law enforcement agency.

CLICK TO READ LAW 450.021 Minimal Age: General
Summary: Who does the statute protect? Children from working in inappropriate environments including adult theaters.

What does the statute allow?: The statute allows “minors of any age to be employed: 1) as pages in the Florida Legislature, by the entertainment industry as allowed in 450.012 and 450.132; 2) in domestic or farm work in connection with their own homes or the farm or ranch on which they live, or directly for their own parents/guardians or in the herding, tending and management of livestock during the hours they are not required to be in school.”

What does the statute prohibit?: The statute prohibits: “1) children 10 years and younger from selling and distributing newspapers; 2) any child 13 years old or younger from being employed, permitted or suffered to work in any gainful occupation at any time except for those that are expressly permitted; 3) person 17 years old or younger to be employed, permitted or suffered to work in any place where alcoholic beverages are sold; 4) Children under the age of 18 from being employed, permitted or suffered to work in an adult theater.”

CLICK TO READ LAW 409.1454 Motor Vehicle Insurance and Driver Licenses for Children in Care and Certified Unaccompanied Homeless Youth
Summary: The statute notes that the intent of the legislature in implementing the program to pay for (as funds are available) the cost of driver education, licensure and other costs incidental to licensure, motor vehicle insurance for qualified children is that the cost of doing so is often a barrier for children transitioning into successful adulthood.

CLICK TO READ LAW 409.16791 Ongoing Study of Commercial Sexual Exploitation of Children
Summary: This statute requires the Office of Program Policy Analyst and Government Accountability to conduct an annual study on commercial sexual exploitation of children in the state, and to report its findings by July 1st of each year to the President of the Senate and the Speaker of the House of Representatives. “The study shall assess the extent of commercial sexual exploitation and identity specialized services needed by sexually exploited children and any gaps in the availability of such services by region. The study shall also analyze the effectiveness of safe houses, safe foster homes, residential treatment centers and hospitals with specialized programs for sexually exploited children and other residential options for serving sexually exploited children in addressing their safety, therapeutic, health, educational and emotional needs. The study shall also include the number of children involuntarily committed to treatment facilities who are victims of sexual exploitation and the outcomes of those children for the 3 years after completion of inpatient treatment.”

CLICK TO READ LAWS 847.0135, 847.0138, 827.071 Penalties for Possession of Child Pornography
Summary: This statute sets forth penalties for individuals who engage in child sexual exploitation through the phone, computer or other means.

CLICK TO READ LAW 450.045 Proof of Identity and Age; Posting of Notices
Summary: The statute requires that “any person who hires, employees or suffers to work any child in addition to the limitations provided in this part, first obtain, and keep record of proof of the child’s age during the entire period of the child’s employment as well as post in a conspicuous place on the place of employment a poster notifying minors of the Child Labor Law.”

CLICK TO READ LAW 39.524 Safe Harbor Placement (Effective January 1st, 2024)
Summary: When the new version takes effect, the Sheriff’s office will no longer be able to perform a multidisciplinary staffing to determine the child’s need for services or placement in safe harbor home. The Department of Families and Children will have the sole responsibility for this assessment and other requirements of the statute.

CLICK TO READ LAW 39.524 Safe Harbor Placement (Effective Until January 1, 2024)
Summary: A dependent child 6 years old or younger who is suspected of being or has been found to be a victim of commercial sexual exploitation must be assessed and the department or a sheriff’s office (acting under 93.3065) must conduct the multidisciplinary staffing to determine the child’s need for services and his or her need for placement in a safe house or foster. Per the statute: “The results of the assessments and multidisciplinary staffing and actions taken must be included in the disposition hearing or next judicial review of the child. At each subsequent judicial review, the court must be advised in writing of the status of the child’s placement with special reference regarding the stability of the placement, any specialized services, and the permanency planning for the child.”

CLICK TO READ LAW 402.87 Services to Immigrant Survivors of Human Trafficking, Domestic Violence and Other Serious Crimes
Summary: The state requires that the Department of Children and Families “provide services to immigrant survivors of human trafficking; domestic violence, and other serious crimes, during the interim period between the survivor and the time the survivor applies for a visa and receives their visa including.”

CLICK TO READ LAW 409.1678 Specialized Residential Options for Children Who are Victims of Commercial Sexual Exploitation
Summary: The statue requires that both safe houses and safe foster homes be certified by the Department of Children and Families. To be certified, a safe house must hold a license as a residential child caring agency defined in 409.175 and a safe foster home must hold a license as a family foster home, as defined in 409.175. Both must also: use strength-based and trauma-informed approaches to care, to the extent possible and appropriate; serve exclusively one sex; group child victims of commercial sexual exploitation by age or maturity level; care for child victims of commercial sexual exploitation in a manner that separates those children from children with other needs; If a Safe houses, house must have staff awake and on duty 24 hours a day; Provide appropriate security (if safe house, must, at minimum, provide for detection of possibility trafficking activity around a facility and be party of emergency response to search for absent children); If a safe house, must conspicuously place signs on premises to warn children of dangers of human trafficking and encourage reporting of human trafficking; meet other criteria established by the Department of Children and Families. As of July 1st of 2023, the safe houses and/or safe foster care homes will subject to the following requirements: 1) safe houses will also be required to place signs on the premises to warn children of the dangers of human trafficking and encourage reporting as well as advise children to report concerns to the proper authorities complete with telephone numbers for reporting; 2) both safe houses and safe foster care homes will be required to meet the criteria established by the Department of Families and Children as well as be required to deliver age appropriate programming to educate children regarding the signs and dangers of commercial sexual exploitation and how to report it. This programming shall be developed and approved by the Department of Families and Children.

CLICK TO READ LAW 16.617 Statewide Council on Human Trafficking
Summary: This statute creates the Statewide Council on Human Trafficking within the Department of Legal Affairs. Its purpose is to “enhance the development and coordination of state and local law enforcement and social services responses to fight commercial sexual exploitation as a form of human trafficking and to support victims.”

CLICK TO READ LAW 16.617 Statewide Council on Human Trafficking Creation; Membership; Duties
Summary: This statute creates the Statewide Council on Human Trafficking within the Department of Legal Affairs. Its purpose is to enhance the development and coordination of state and local law enforcement and social services responses to fight commercial sexual exploitation as a form of human trafficking and to support victims.

CLICK TO READ LAW 985.461 Transition to Adulthood
Summary: The Department of Children and Family Services may provide a transition to adulthood services to a child’s treatment plan once they are released from residential commitment. The statute also provides that “adjudication for delinquency does not, by itself, disqualify such child for eligibility in the Department of Children and Families’ independent living program.”

CLICK TO READ LAW 450.095 Waivers
Summary: This statute provides: “In extenuating circumstances when it clearly appears to be in the best interest of the child, the Department of children and families may grant a waiver of restrictions of the Child Labor Law on the employment of a child.” This waiver shall be granted on a case-by-case basis and upon factors the department deems appropriately determinative of whether such waiver is in the best interest of the child.

Section II: Florida County-Local Laws

The following is a list of county and local laws that relate to human and child trafficking with links and short summaries.

CLICK TO READ ORDINANCE 3 1/2- 44 Minors Prohibited
Summary: The ordinance prohibits an operator or worker of an adult entertainment establishment to knowingly, or with reason to know, permit, suffer, or allow a person under 18 years of age to entertain or remain in the establishment; purchase goods or services at the establishment; or work or perform at the establishment as a worker.

CLICK TO READ ORDINANCE 10-154 Minors; unlawful provisions
Summary:The ordinance prohibits operators or workers of an adult entertainment establishment or sexually oriented business from knowingly or with reason to know, permit, suffer or allow admittance to the establishment or business a person under 18 years of age while open for business; a person under 18 years of age to remain at the establishment or business when the establishment or business is open for business; or a person under 18 years of age to be a worker at or for the establishment or business.

CLICK TO READ ORDINANCE 10-143. – General requirements for all adult entertainment establishments and sexually oriented businesses
Summary: The ordinance lists the requirements of a sexually oriented business, regardless of whether the establishment is licensed or not. Of these requirements, several prohibit minors from entering or working in the establishment as well as requiring establishments to create and maintain records as required by the ordinance.

CLICK TO READ ORDINANCE 10-19 Portrayal of Certain Acts Prohibited
Summary:This ordinance prohibits depicting the acts of rape, sodomy, beastiality, sexual intercourse, exposing body parts or dismembering body parts on city owned facilities.

Summary: The ordinance adopts state misdemeanors under state law as misdemeanors in the city of Arcadia.

CLICK TO READ ORDINANCE 16-28 Intent
Summary: This ordinance notes that the intent of the legislator behind Chapter 16 is to protect minors from harm and victimization.

CLICK TO READ ORDINANCE 16-29: Minors Prohibited in Public Places and Establishments During Certain Hours: Penalty; Procedure
Summary: This ordinance establishes a curfew for minors in effect from 11pm to 5am, Sunday through Thursday, except during legal holidays. On Fridays, Saturdays, Sundays, and legal holidays the curfew is in effect from 12:01 am to 6:00 am.

Summary: This ordinance prohibits any person, firm or corporation operating or having charge of any public place to knowingly permit or suffer the presence of minors under the age of 18 between the hours of 12pm and 6am.
 
Summary: This ordinance creates a curfew for minors between the hours of 11pm and 5:00am from Monday to Thursday; or between 12:01am and 6:00 am on Saturdays, Sundays and legal holidays.
Summary: The ordinance defines adult bookstore; adult video: adult arcade; adult cabaret; escort; escort agency; establishment; nude model studio; sexual encounter center; sexually oriented business and adult motel for the purposes of the regulations prescribed in the preceding ordinances.
 
Summary: This ordinance prohibits adult entertainment establishment or sexually oriented business from operating between 2am and 7am Tuesday through Saturday; and from 2am on Sunday through 7am the following Monday.
 
Summary: The ordinance requires that sexually oriented businesses must have a valid permit and/or license issued by the cities for the particular type of business.
 
CLICK TO READ ORDINANCE 15-64 Classification
Summary: The ordinance classifies sexually oriented businesses as, “Adult arcades; Adult bookstores or adult video stores; Adult cabarets; Adult motels; Adult motion picture theaters; Adult theaters; Escort agencies; Nude model studios; and Sexual encounter centers.”
Summary: The ordinance prohibits, “any person who is a convicted sexual offender, in which the victim of the offense was less than 16 years of age, to establish a permanent or temporary residence within 2,500 feet of any school, designated public school bus stop, day care center, park, playground, or other place where children regularly congregate.”
 
Summary: The ordinance prohibits the distribution of obscene materials.
 
CLICK TO READ ORDINANCE  14-12 Definition of Prohibited Material
Summary: The ordinance considers material to be obscene if, “considered as a whole, applying community standards, its predominant appeal is to prurient interest, that is, a shameful or morbid interest in duty, sex or excretion, and utterly without redeeming social value and if, in addition, it goes substantially beyond customary limits of candor in describing or representing such matters. Undeveloped photographs, molds, printing plates and the like shall be deemed obscene notwithstanding that processing or other acts may be required to make the obscenity patent or to disseminate it.”
Summary: This ordinance prohibits, “ operators of adult use establishments, regardless of whether it is licensed under this article, to know or with reason to know, permit, suffer or allow: Admittance to the adult use establishment of a person under 18 years of age; A person under 18 years of age to remain at the adult use establishment; A person under 18 years of age to purchase goods or services at the adult use establishment; or A person to work at the adult use establishment as an employee who is under 18 years of age.”
Summary: The ordinance defines adult entertainment establishments as, “adult bookstores and theaters, special cabarets and unlicensed massage establishments and strip clubs.” It further defines adult bookstores and theaters, special cabarets and unlicensed massage establishments and strip clubs for the purposes of Chapter 12 of the Ordinances.
 
Summary: The ordinance requires employers a at strip clubs/other adult entertainment establishments; a business or establishment that offers massage or body working services for compensation that is not owned by a health care profession to display public awareness signs in a conspicuous location that is clearly visible to the public and employees of the establishment that says: “If you or someone you know is being forced to engage in an activity and cannot leave, whether it is prostitution, housework, farm work, factory work, retail work, restaurant work, or any other activity, call the National Human Trafficking Resource Center at 888-373-7888 or text INFO or HELP to 233-733 to access help and services. Victims of slavery and human trafficking are protected under United States and Florida law.” Posted Pursuant to Section 787.29, Florida ordinances and Lee County Code Section.”
 
Summary: Violating any of the Bonita Springs Ordinances in Chapter 12 is a noncriminal violation punishable by a fine.
 
Summary: This ordinance prohibits an operator of a sexually oriented business from, “ knowingly or with reasonable cause to know, permits, suffers, or allows: Admittance of a person under 18 years of age to the business premises; A person under 18 years of age to remain at the business premises; A person under 18 years of age to purchase or rent goods at the business premises; A person under 21 years of age to purchase or rent services at the business premises; or A person who is under 21 years of age to work at the business premises as an employee.”
Summary: The ordinance prohibits any person to sell, barter or give, or to offer to sell, barter or give, to any minor, any service, material or device on the premises of any adult bookstore, adult motion picture theater, leisure spa establishment or adult dancing establishment.
 
Summary: The ordinance prohibits licensee establishments to admit or to permit the admission of minors within the licensed premises.
 
Summary: The ordinance prohibits a licensee, owner, employee or independent contractor to permit, suffer or allow violations of this article or illegal acts to take place on premises licensed under this article, if the licensee or employee knows or has reason to know that such violations or illegal acts are taking place.
 
Summary: This ordinance prohibits an adult bookstore from allowing any person under 18 years of age to enter their establishment.
 
Summary: The ordinance makes it unlawful for any person to perform or engage in specified sexual activities in a leisure spa establishment or on the premises.
 
Summary: The ordinance prohibits employees and independent contractors from performing work in the spa unless he or she is duly permitted under state law and such permit is in good standing and active.
 
Summary: The ordinance prohibits minors from entering the spa or having services performed on them without written consent of a legal guardian beforehand. It also requires each spa establishment license holder to keep a register or list of all spa patrons under 18 years of age and a copy of the written consent as required.
Summary: The ordinance prohibits, “ an operator or worker of an adult entertainment establishment or sexually oriented business regardless of whether licensed from knowingly or with reason to know; to permit, suffer or allow: Admittance to the establishment or business of a person under 18 years of age when the establishment or business is open for business; A person under 18 years of age to remain at the establishment or business when the establishment or business is open for business: A person under 18 years of age to purchase goods or services from the establishment or a worker at the establishment or business; A person under 18 years of age to be a worker at or for the establishment or business.”
 
Summary: This ordinance requires adult entertainment establishments and sexually oriented businesses to create, establish and maintain a record of all workers of the establishment or business and to always keep these records at the establishment. Operators of these establishments are required to make these records available for immediate inspection at request of law enforcement.
 
Summary: This ordinance requires that adult entertainment establishments comply with the regulations outlined in the ordinance including prohibiting minors from entering the establishment.
 
Summary: This ordinance requires that both adult establishments and sexually oriented businesses comply with the specific regulations outlined within the ordinance.
 
Summary: In addition to the requirements for sexually oriented businesses and adult entertainment establishments, an adult theater must also comply with the regulations in the ordinance for seating requirements, illumination, sign postage, sanitary requirements, and maximum occupancy requirements.
 

CLICK TO READ ORDINANCE 14-82: Adult Performance Establishments

Summary: This ordinance requires adult performance establishments and sexually oriented businesses comply with the requirements in the ordinance including stage regulations, private performance regulations, dancing requirements and sign postage requirements.
 
Summary: The ordinance requires that commercial bodily contact establishments comply with the regulations provided in the ordinance including regulations surrounding services, advertisements, storage of linens, sanitation, food and beverage regulation, separate areas for each gender, and hours of operation restrictions.
Summary: The ordinance prohibits an operator or worker of a sexually oriented business from admitting a minor into the establishment; allowing a minor to remain at the establishment while it is open; allowing a minor to purchase goods or services from the establishment; or to work for or at the establishment.
 
Summary: The ordinance prohibits anyone to be, “an operator of or be a worker at a sexual encounter business. It further prohibits a person under 18 years of age to be present at a sexual encounter business or to aid or abet a person casing, encouraging, or allowing a person under 18 years of age to be present at a sexual encounter business.”
Summary:  The ordinance prohibits anyone to be, “an operator of or be a worker at a sexual encounter business. It further prohibits a person under 18 years of age to be present at a sexual encounter business or to aid or abet a person casing, encouraging, or allowing a person under 18 years of age to be present at a sexual encounter business.”
 
Summary: The ordinance prohibits an operator or worker of a sexually oriented business from admitting a minor into the establishment; allowing a minor to remain at the establishment while it is open; allowing a minor to purchase goods or services from the establishment; or to work for or at the establishment.
Summary: The ordinance requires strip clubs, adult entertainment establishments and businesses or establishments that offer massage or bodywork services for compensation which are not owed by a health care practitioner, money services business, restaurants, and nail salons to post in a clear and conspicuous location, a Human Trafficking Public Awareness Sign that is at least 8.5 inches by 11 inches in size. It must also be printed in a clearly legible font in at least a sixteen-point type font. It must state in both English and Spanish “If you or someone you know is being forced to engage in an activity and cannot leave, whether it is prostitution, housework, farm work, factory work, retail work, restaurant work, or any other activity, call the National Human Trafficking Resource Center at 1-888-373-7888 or text INFO or HELP to 233-733 to access help and services. Victims of slavery and human trafficking are protected under United States and Florida law.”
Summary:  The ordinance prohibits, “ an employee in a sexually oriented business or adult entertainment establishment from knowingly or intentionally appear in a state of nudity; to appear seminude unless he/she remains at least 6 feet from any patron or customer and on a stage at least 18 inches from the floor in a room of at least 1,000 square feet; from touching a customer or clothing worn by a customer while seminude; to sell, use or consume alcoholic beverages on the premises of a sexually oriented business; or to allow a person under the age of 18 years on the premises.”
Summary: The ordinance prohibits, “ an operator of an adult entertainment establishment, regardless of its license status to knowingly or with reason to know, permit, suffer, or allow: Admittance to the establishment of a person under 18 years of age; A person under 18 years of age to remain at the establishment; A person under 18 years of age to purchase goods or services at the establishment; or; A person to work at the establishment as an employee who is under 18 years of age.”
Summary: The ordinance prohibits an operator or worker of an adult entertainment establishment or sexually oriented business, regardless of its licensing status, to know, permit, suffer or allow: Admittance to the establishment or business of a person under eighteen years of age when the establishment or business is open for business; A person under eighteen years of age to remain at the establishment or business when the establishment or business is open for business; A person under eighteen years of age to purchase goods or services from the establishment or a worker at the establishment or business; A person under eighteen years of age to be a worker at or for the establishment or business.
Summary: The ordinance prohibits a worker of an adult entertainment establishment to commit or knowingly or with reason to know, permit or allow any worker to commit any of the offenses outlined in the ordinance. The ordinance prohibits admission or employment of minors; certain dancing or sexual activity; or engage in nudity; or selling alcoholic beverages or allowing for their consumption. Further, the ordinance prohibits the touching of workers and certain advertisement strategies as well as occupancy limits.
Summary: The ordinance prohibits, “an operator or workers of an adult entertainment establishment, regardless of its licensing status, to knowingly or with reason to know, permit, suffer or allow: Admittance to the establishment of a person under eighteen years of age; A person under eighteen years of age to remain at the establishment; A person under eighteen years of age to purchase goods or services at the establishment; or A person to work or perform at the establishment as a worker who is under eighteen years of age.
 
Summary: The ordinance prohibits, “an operator or worker at a sexual encounter business from encouraging or allowing a person 18 or younger to be present at a sexual encounter business or aiding or abetting a person encouraging, allowing a person under 18 to be present at a sexual encounter business.”
 
Summary: The ordinance prohibits, “ an adult entertainment establishment or for a worker or operator of a sexually oriented business to knowingly encourage, aid, abet, suffer, permit, aid, assist, or allow a customer to do any of the following acts: Touch, massage, or manipulate directly, or indirectly, the body of any worker of the sexually oriented business; Touch, massage, manipulate, display or expose any of the customer’s own specified anatomical areas; or Engage in any specified sexual activity while in the presence of a worker or operator of the sexually oriented business.”
 
Summary: The ordinance prohibits, “a worker or operator of an adult entertainment establishment to knowingly, or with reason to know, aid, encourage, abet, permit, suffer, entice or allow a customer to engage in any specified sexual activity at the establishment while remaining in the presence of the worker or operator.”
 
Summary: The ordinance prohibits, “a worker or operator of an adult entertainment establishment to knowingly, or with reason to know, aid, encourage, abet, permit, suffer, entice or allow a customer to engage in any specified sexual activity at the establishment while remaining in the presence of the worker or operator.”
Summary: The ordinance prohibits an operator or worker at a sexual encounter business from encouraging or allowing a person 18 or younger to be present at a sexual encounter business or aiding or abetting person encouraging, allowing a person under 18 to be present at a sexual encounter business.
 
Summary: The ordinance prohibits an adult entertainment establishment or for a worker or operator of a sexually oriented business to knowingly encourage, aid, abet, suffer, permit, aid, assist, or allow a customer to do any of the following acts: Touch, massage, or manipulate directly, or indirectly, the body of any worker of the sexually oriented business; Touch, massage, manipulate, display or expose any of the customer’s own specified anatomical areas; or Engage in any specified sexual activity while in the presence of a worker or operator of the sexually oriented business.
 
Summary: The ordinance prohibits a worker or operator of an adult entertainment establishment to knowingly, or with reason to know, aid, encourage, abet, permit, suffer, entice or allow a customer to engage in any specified sexual activity at the establishment while remaining in the presence of the worker or operator.
Summary: The ordinance requires that the employer at strip clubs, other adult entertainment establishments, businesses that offer massage or bodywork services for compensation that is not owed by a healthcare professional must display a public awareness sign that is at least 8.5 inches by 11 inches and printed in at least 16 point type must state the following message, “If you or someone you know is being forced to engage in an activity and cannot leave-whether it is prostitution, housework, farm work, factory work, retail work, restaurant work, or any other activity-call the National Human Trafficking Resource Center at 1-888-373-7888 or text INFO or HELP to 233-733 to access help and services. Victims of slavery and human trafficking are protected under United States and Florida law.”
Summary: The ordinance prohibits any person to engage in nude or seminude entertainment. The ordinance makes the operator of these establishments responsible for making sure that workers are not forced to or do not willingly show certain body parts. The ordinance also prohibits those establishments dealing in alcoholic beverages from allowing any sexual intercourse and other named sexual acts in the ordinance on the premises. It also prohibits obscene images and outside advertisements.
Summary: The ordinance prohibits hotel rentals on an hourly basis. All hotel rooms must be rented for a minimum of one day. The ordinance provides various penalties for hotels found to be guilty of this offense. Individuals or businesses found to have facilitated prostitution, human sex trafficking or other illegal conduct are subject to a fine of up to $15,000.
Summary: The ordinance prohibits, “ an operator of an adult entertainment establishment from knowingly or with reason to know, permit, suffer or allow: Admittance to the establishment of a person under eighteen (18) years of age; A person under eighteen (18) years of age to remain at the establishment; A person under eighteen (18) years of age to purchase goods or services at the establishment; or A person to work at the establishment as an employee who is under eighteen (18) years of age.”
 
Summary: The ordinance prohibits an operator of an adult entertainment establishment, regardless of its licensing status from engaging in sexual acts, certain dancing, and nudity. It further prevents the sale of alcoholic beverages in adult entertainment establishments.
Summary: The ordinance declares, “any places or premises which are used as the site of the unlawful sale or delivery of controlled substances, prostitution, sex trafficking, youth and street gang activity, gambling, illegal sale or consumption of alcoholic beverages, or lewd or lascivious behavior may be a public nuisance that adversely affects the public health, safety, morals and welfare.”
 
Summary: The ordinance requires, “each owner, agent, manager or keeper of a hotel, boarding house, tenement house or apartment house shall immediately report to the police the presence there of all minors under the age of 18 years unless they are accompanied by the parent, guardian or other person having the care and custody of such minors. The following information must be included in the report, “name, age, last known place of abode of the minors, and the names and residences of the parents, guardian or other custodian of such minors.”
Summary: The ordinance prohibits adult entertainment establishments from admitting minors; allowing them to purchase goods or services from the establishment; and/or from working at the establishment.
Summary: The ordinance prohibits operators or workers of an adult entertainment establishment or sexually oriented business from admitting minors into the establishment; allowing them to stay; allowing them to purchase goods or services; and from working at or for the establishment.
 
Summary: The ordinance prohibits anyone to be an operator or a worker at a sexual encounter business; to cause, encourage or allow a minor to be present at a sexual encounter; and/or to aid or abet a person causing, encouraging or allowing minor to be present at a sexual encounter business.
Summary: The ordinance prohibits, “an operator or worker of an adult entertainment establishment to knowingly or with reason to know, to permit, suffer or allow a minor to enter or remain in the establishment; purchase goods or services at the establishment; or work at the establishment as a worker.”
Summary: This ordinance prohibits operators of adult entertainment establishments from knowingly allow a person a minor to enter or remain in their establishment; purchase goods or services at their establishment; or work as an employee at the establishment.
Summary: The ordinance prohibits, “an operator or worker of an adult entertainment establishment from knowingly, or with reason to know, permit, suffer or allow a person under 18 to enter or remain in the establishment: purchase goods or services at the establishment; or work at the establishment as a worker.”
Summary: The ordinance prohibits, “an operator or employee of an adult entertainment establishment or escort service from knowingly or with reason to know, permit, suffer or allow a minor to enter or remain in the establishment; purchase goods or services at the establishment; or work at the establishment as an employee.”
Summary: The ordinance requires, “any Operator, manager, employee and/or bath or massage technicians shall immediately report to the HCSO by phone upon learning of any violation of, or attempted violation, or solicitation to commit any act which constitutes an unlawful activity in violation of local, State, or Federal Law including but not limited to, any of the following criminal offenses, prostitution, human trafficking, battery, indecent exposure. Operators, managers, employees and bath or massage technicians shall immediately report to the CED by phone upon learning of any violation of or attempted violation or solicitation to commit any violation of any prohibited non-criminal activity as described in in this ordinance.”
 
Summary: Employers at strip clubs, adult entertainment establishment, a business or establishment that offers massage or bodywork services for compensation that is not owned by a health care profession to display a public awareness sign must be at least 11 inches by 15 inches in size and printed in at least 32 point type and must state substantially in the following in English, Spanish, Mandarin, Cantonese, and in any other languages/dialects spoken by employees of the establishment: “If you or someone you know is being forced to engage in an activity and cannot leave whether it is prostitution, housework, farm work, factory work, retail work, restaurant work, or any other activity, call the National Human Trafficking Resource Center at 888-373-7888 or text INFO or HELP to 233-733 to access help and services. Victims of slavery and human trafficking are protected under United States and Florida law.” The signs must have a red background with white text and centered above the English language portion of the text will be the word, “Notice” in 40 Font and shall be translated in Mandarin, Cantonese and in any other languages/dialects spoken by employees of the establishment, centered above the corresponding language portions of the text, and written in 40 Font.”
 
Summary: This ordinance states that, “employers identified in Section 36-373 shall also display additional signs in every bathroom stall and within every dressing room. The additional signage must be at least eight- and one-half inches by 11 inches in size, must be printed in at least a 16-point type, and must state the following in English, Spanish, Mandarin, Cantonese, and in any other languages/ dialects spoken by employees of the establishment: “Have you ever been hit or made to perform sexual acts at work by someone connected to your work? Has someone ever used drugs or threatened to withhold drugs from you to control you or make you perform sexual acts? Do you have a Manager, Driver or someone else who controls your money or schedule? Has someone ever threatened your life or the lives of people or pets you care about in order to control you? Help is available 24/7. Call 1-888-373-7888 or text INFO or HELP to 233-733 to access help and services from the National Human Trafficking Resource Center. You are not a criminal and you will be protected under United States and Florida Law. Posted pursuant to Section 787.29, Florida ordinances and Hillsborough County Code Section 36-373, as amended.”
 
Summary: This ordinance establishes that Division 5 of Article 5 of the Hillsborough Ordinances shall be called the “Child Sex Crime Prevention Ordinance”.
 
Summary: This ordinance explains the legislative intent behind this section of ordinances is the danger that predatory individuals present to society and the intent to reduce the potential risk of harm to children of the community.
 
Summary: This ordinance encourages school officials, park workers, Boys and Girls Club Staff, day care operators, video arcade, amusement park workers, zoo workers, YMCA staff, YWCA staff and all others working at permanent or business facilities that are primarily designed for use by children, to collaborate with law enforcement in its efforts to protect children from predators.
 
Summary: This ordinance prohibits predatory individuals to be within or adjacent to safety zones defined within the ordinance.
 
Summary: This ordinance prohibits a predatory individual to live at the same address as another predatory individual unless they are related by blood, marriage or adoption. It also prohibits predatory individuals from residing in specific dwelling areas and complexes where another predatory individual life unless the total number of predatory individuals is not more than 10% of the total number of dwelling units. However the ordinance allows for three exceptions: 1) the predatory individual is an unemancipated minor who resides with a parent/guardian; 2) predatory individuals who reside in a state licensed residential treatment facility that provides specific services; 3) a predatory individual who was classified as a predator prior to the date of adoption of the ordinance, will not be considered in violation of this ordinance even if their living situation would otherwise be a violation.
 
Summary: This ordinance puts responsibility on property owners, trustees, rental agents, real estate agents, apartment complex managers, condominium associations, mobile/manufactured home park manager or any other person responsible for the letting of any property subject to Ordinance 36-309, to not have more predatory individuals than allowed by Ordinance 36-309.
 
Summary: This ordinance provides that the Child Sex Crime Prevention Ordinance will be enforced throughout Hillsborough County by State and local law enforcement agencies as well as code enforcement agencies.
 
Summary: This ordinance provides a penalty for violation of this ordinance which is limited to prosecution as a misdemeanor and a fine of up to $500 or imprisonment of up to 60 days (or both).
 
 
Summary: The ordinance prohibits any individual from procuring a minor for any unlawful purpose.
 
Summary: The ordinance requires that employers strip clubs and other adult entertainment establishment or a business or establishment that offers massage or bodywork services for compensation that is not owned by a healthcare profession to display public awareness signs in a conspicuous location that is clearly visible to the public and employees of the establishment. The public awareness sign must be 8.5 inches by 11 inches in size and must be printed in at least 16 point type and state, “If you or someone you know is being forced to engage in an activity and cannot leave, whether it is prostitution, housework, farm work, factory work, retail work, restaurant work, or any other activity, call the National Human Trafficking Resource Center at 1-888-373-7888 or text INFO or HELP to 233-733 to access help and services. Victims of slavery and human trafficking are protected under United States and Florida Law.”
 
Summary:The ordinance prohibits the owners of adult entertainment establishments including, among others, adult bookstores, and adult video stores from allowing or permitting sexual activity on the premises.
 
Summary: The ordinance prohibits anyone under the age of 18 from selling or offering for sale anything or any service of any kind or anyone who seeks to solicit or collect any donation of any kind, or who personally hands to or seeks to transmit by hand to receive by hand anything or service of any kind, whether or not payment in exchange required or requested, to any person or organization who operates a motor vehicle of any kind, which vehicle is engaged in travel on or within any portion of any of the streets or roadways in the County whether or not such vehicle is temporarily stopped in the travel lanes of the road.
 
Summary: The ordinance prohibits, “any person under the age of seventeen to linger, stay, congregate, move about, wander or stroll in any public or semipublic place in Miami-Dade County, either on foot or in or upon any conveyance or vehicle being driven or parked thereon during curfew hours.”
 
Summary: This ordinance requires a law enforcement officer, who finding a person suspected to be in violation of this chapter of the ordinance, to ask the offender’s age and reason for being in a public or semipublic place during curfew hours.
 
Summary: The ordinance prohibits parents or legal guardians or to permit or by insufficient control to permit the juvenile in their care to break curfew.
 
Summary: The ordinance prohibits, “operators, owners or any employee managing or conducting any business or other establishment to knowingly permit a juvenile to linger, stay, congregate, move about, wander or stroll upon the premises of the establishment during curfew hours. The ordinance also provides the defense to prosecution under this article that the owner, operator, or employee notified the police department that a juvenile was present on the premises of the establishment during curfew hours and refused to leave after being asked to do so.”
 
Summary: The ordinance prohibits, “any person who is licensed by the State to provide professional counseling, or who performs counseling as part of their professional training including, but not limited to, licensed professional counselors and medical practitioners, osteopathic practitioners, psychologists, psychotherapists, social workers, marriage and family therapists, and licensed counselors, from engaging in conversion or reparative therapy with a minor.”
 
Summary: The ordinance provides a $200 penalty for any licensed medical professional from engaging in conversion therapy with a minor.
 
Summary: The ordinance defines conversion therapy as, “any counseling, practice, or treatment performed with the goal of changing a person’s sexual orientation or gender identity including, but not limited to, efforts to change behaviors, gender expression, or to reduce or eliminate sexual or romantic attraction or feelings toward a person of the same gender. Conversion therapy does not include counseling that: 1) provides support to a person undergoing gender transition; or 2) provides acceptance, support, and understanding of a person or facilitates a person’s coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, if such counseling is not conducted with the goal of changing the person’s sexual orientation or gender identity.” A minor means, “a person under the age of eighteen.”
 
Summary: The ordinance requires that, “employees at all nude dance establishments to provide 1) an original, lawfully issued state or federal photo identification, and one additional form of identification that confirms he or she is eighteen years or older and is either a US citizen, legal resident, or otherwise legally permitted to be employed within the United States of America; 2) confirms that the person is working or performing at his or her own will and is not being forced or intimidated into working/performing 3) maintain copies of these documentation in the facility 4)verify the accuracy of those documents by preparing and retaining a sworn statement from the owner or manager of the nude dance establishment confirming that the individual performer is at least eighteen years of age is performing of his or her own accord; and 5) Maintain a check in and check out procedure and log whereby the documents are presented by the worker or performer upon entering the nude dance establishment and the worker or performer logs in upon entering and logs out prior to existing the nude dance establishment.”
Summary: The ordinance prohibits, “a licensee to admit or permit the admission of minors within a licensed premises.”
 
Summary: The ordinance prohibits any person from selling, bartering, or giving or offering to sell, barter or give to any minor, any service, material or device on the premises of any adult bookstore, adult motion picture theater, leisure spa establishment or adult dancing establishment.
 
Summary: The ordinance prohibits, “a leisure spa establishment license holder from allowing a patron under the age of 18 from entering the establishment or from any spa technician from performing any service upon a leisure spa under 18 years of age without the written consent of that leisure Spa’s Patron’s parents or legal guardian. Each leisure spa establishment license holder shall keep a register or list of all leisure spa patrons under 18 years of age and keep a copy of the written consent for at least a year.”
 
Summary: The ordinance prohibits any person to perform or engage in specified sexual activities in leisure spa establishments or on the premises.
 
Summary: The ordinance prohibits adult motion picture theater shall allow any person under 18 years of age to enter.
 
Summary: The ordinance prohibits, “any person from engaging in specified sexual activities in adult motion picture theaters or on the premises.”
 
Summary: The ordinance prohibits any person under the age of 18 to enter adult bookstores.
 
Summary: The ordinance prohibits, “adult dancing establishments from allowing any person under the age of 18 from entering the establishment.”
 
Summary: The ordinance prohibits, “any person to perform or engage in a specified sexual activity in an adult dancing establishment or on the premises.”

Section III: Florida Hotlines & Other Helpful Resources

Florida Statutes § 847.0135 (2022): Prohibited Computer Usage

Charge: Second or Third-Degree Felony
Penalty: Second Degree -Fined up to $10,000 and up to 15 years in jail; Third Degree – Fined up to $5,000 and up to 5 years in prison

Florida Dept of Law Enforcement Sexual Offender and Predator System Overview

Sexual Offender and Predator Search

Florida Law Enforcement and Investigative Support Number: 1-888-FL-PREDATOR (1-888-357-7332). By calling the number, the public can request information about Sexual Offenders living in their communities and around the state on business days, between 8:00 a.m. and 5:00 p.m. (Eastern), Monday through Friday.

Annual Report on the Commercial Sexual Exploitation of Children in Florida, 2022
Section 409.16791 of the Florida Statutes directs Florida’s Office of Program Policy Analysis and Government (OPPAGA) to “conduct an annual study on the commercial sexual exploitation of children in Florida.”  The study provides information and facts as to the number of children who are victims of commercial sexual exploitation (CSE) in each of Florida’s counties. The report also provides short and long-term outcomes for children listed in previous reports. Click here for the report.

Section 39.001(5) of the Florida Statutes sets forth specific goals and expectations that should be carried out by Florida’s Department of Children and Families to ensure the safety and quality treatment of child trafficking victims. This report provides information to Florida’s legislature and residents as to the number of trafficked children, placement of children who are recovered, and the criteria for determining placement of children within the foster care system and safe houses in addition to other statistics and facts related to child trafficking victims. Click here for the report.
 
Florida Department of Law Enforcement (FDLE) provides a database in which individuals can aid in the search for missing children.  This database is called the Missing Endangered Persons Information Clearinghouse (MEPIC). Click here to search.
 
Florida Department of Children and Families Human Trafficking Resources
This is a website which educates the public and law enforcement as to human trafficking while also providing resources to combat trafficking. The website provides resources to those who are interested in opening a safe house or foster home. Click here for the resources.

Florida Abuse Hot Line: 1-800-96-ABUSE (1-800-962-2873)
To report known or suspected child abuse, neglect, or abandonment; and known or suspected abuse, neglect, or exploitation of a vulnerable adult.

Report Human Trafficking to Florida Law Enforcement: 1-855-FLA-SAFE.

National Reporting Hot Line Recommendations:
Homeland Security Human Trafficking Hotline: 1-866-347-2423
Immigration and Customs Enforcement Hotline: 1-866-DHS-2-ICE

What Is Florida’s Sunshine And Public Records Laws?
 
Published by Florida’s Office of Attorney General and available for download to the public, the Government in the Sunshine Manual, 2023 edition (Manual), provides comprehensive guidance to Floridians regarding their rights under Florida’s Sunshine and Public Records Law, ensuring Floridians are afforded the ability to stay informed and hold government officials accountable to the citizens they serve.  Florida’s Sunshine Law, Ch. 286 Fla. Stat., provides rules related to public access to government agencies, board and committee meetings. Florida’s Public Records law, Ch. 119 Fla. Stat., provides a set of statutes related to Floridians’ right of access to the records of the state, and local governments along with private entities acting on their behalf.
 
According to Ch. 119 Fla. Stat. and the Manual, the following is true of Florida’s Public Records law:
 
Article I, s. 24, Fla. Const., establishes a constitutional right of access to any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf, except those records exempted pursuant to Art. I, s. 24, Fla. Const., or specifically made confidential by the Constitution.
 
In the absence of a statutory exemption, this right of access applies to all materials made or received by an agency in connection with the transaction of official business which are used to perpetuate, communicate or formalize knowledge. Access to public records has been described as a “cornerstone of our political culture.”
 
The term “public records” has expanded over time due, in part, to advances in technology. The statutory definition of “public records” is below. Noteworthy, the Florida Supreme Court has interpreted the statutory definition of “public records” to include “all materials made or received by an agency in connection with official business which are used to perpetuate, communicate or formalize knowledge.”
 
all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency – Section 119.011(12), F.S.
 
Ashley Moody, Florida’s current Attorney General explains the policy behind the law as follows,
 
“Our system of open government is a valued and intrinsic part of the heritage of our state. Each day, Floridians use these laws to inform themselves as citizens, to attend government meetings and to review government records. As a result of these efforts, government leaders can be held accountable for their actions. The Founding Fathers of our country recognized this fundamental truth during our nation’s infancy and it remains just as valid today. As James Madison said: ‘Knowledge will forever govern ignorance; and a people who mean to be their own governors must arm themselves with the power which knowledge gives.’ Florida is nationally recognized for its strong support for government in the sunshine and this commitment is reflected in our statutes and Constitution. As Attorney General, I remain committed to the principles of transparency embodied in these laws and the benefits they secure for our state.”
 
To access the Manual and additional information published by Florida’s Office of the Attorney General, see www.myfloridalegal.com 
 
What Is Covered Under Florida’s Sunshine and Public Records Laws?
 
Florida’s Sunshine Law covers:
 
  • Any committee meeting where the committee has delegated authority to act on behalf of a board.
  • Any investigative, formal, or informal meeting of two or more board members except where a statutory exemption forbids the inspection of the meeting record. Such meetings include complaint review board meetings, personnel committee meetings, disciplinary and grievance meetings, applicant interviews, selection, and screening committee meetings.
  • Any assembly of two or more members of the same board, whether official or informal, to discuss subjects on which the board will take action in the near future.
Florida’s Public Records Law defines public records to include: 
  • Documents
  • Papers
  • Letters
  • Maps
  • Books
  • Tapes
  • Photographs
  • Films
  • Sound recordings
  • Data processing software
These materials or any other materials, regardless of physical form, characteristics, or means of transmission, received or made with respect to law or ordinance, or in line with the transaction of official agency or business, are all captured in Florida’s definition of public records. The state defines an agency as any state, county, district, authority, municipal officer, department division, bureau, commission, board, or any other separate unit of government founded by law. An agency may also be any other private or public unit, partnership, business entity, or corporation acting on behalf of another public agency.
 
The Florida Sunshine Law gives citizens the right to access the public records of all state, county, and municipal governments and any other public or private organization operating on behalf of these agencies. Hence, the law applies to both local and state public collegiate entities within the state. It applies to all boards and commissions, whether elected or appointed.
 
For further information about Florida’s Sunshine Law, see Title X Fla. Stat. Ch. 286.
For further information about Florida’s Public Records Law, see Title X Fla. Stat. Ch. 119.
 
What Records Or Other Materials Are Exempt From Florida’s Sunshine And Public Records Laws?
 
Under the law, the following records are general exemptions from Florida’s Public Records law:
  • Examinations questions and answer sheets of examinations administered by a governmental agency for licensure, employment, or certification.
  • Sealed bids, proposals, and replies in the bidding process.
  • Financial statements submitted in a bidding process or proposal for a road or other public works project.
  • Video materials under an agreement with an agency, produced, received, or in the custody of a federally licensed television or radio station or its agent.
  • Sensitive agency-produced data processing software.
  • Active criminal intelligence or investigative information.
  • Any information revealing surveillance techniques, processes, or personnel.
  • Any revealing information relating to a confidential source or informant.
  • Any complaints or related information pertaining to a complaint of discrimination of race, sex, color, religion, origin, age, handicap, or marital status.
  • Any information revealing the identity of the victim of child abuse or sexual offense.
  • A photograph or video material of any body part of the victim of a sexual offense.
  • Medical information and social security numbers of past and current agency employees, which the employing agency maintains.
  • Personal identifying information of a dependent child or a previous or current employee of an agency, in which an agency group insurance plan insures the dependent child.
  •  Any revealing information (such as the home address, telephone number, mailing address, and GPS coordinates) of any personnel of agencies listed in Section 119.071 of the Florida Public Records Law.
  • Any personal identifying information contained in records relating to an individual’s personal health.
The Florida Sunshine Law also contains:
  • Executive branch agency exemptions 
  • Executive branch agency-specific exemptions 
  • Local government agency exemptions 
For further information about Florida’s Sunshine Law, see Title X Fla. Stat. Ch. 286
For further information about Florida’s Public Records Law, see Title X Fla. Stat. Ch. 119.
 
Where Does Florida Keep Its Public Records?
 
Public records are kept in the building in which they are used. They are permitted to be removed for installation of compliant safes, vaults, and rooms and for repair and maintenance. A copy may function as an original if the officer who copied the original attests and certifies under oath the accuracy of the copy of the original. Officers who are in custody of public records at the end of their term in office must, upon demand, and within 10 days unless just cause exists, return the public records to the individual who is entitled to possess them.
 
For further information, see Title X Fla. Stat. Ch. 119 Section 119.021.
 
How Do I File Requests Under Florida’s Sunshine And Public Records Laws?
 
Nothing in Florida Sunshine or public Records Laws require requests to be made in writing or in person; however, Florida citizens may opt to submit their request in writing to ensure they have an accurate record of their requests. Unless otherwise exempted, a public record custodian must fulfill a request for public records made over the phone, in person, or in writing, as long as the applicable costs are paid. Furthermore, nothing in the law compels the requestor to reveal the cause for the request.
 
Upon determining the custodian of the public record being sought, you may make an informal request to the custodian’s contact number via telephone. A directory of all Florida state government agencies is located here.
 
For further information, see Title X Fla. Stat. Ch. 119 Section 119.07. 
 
What If The Request Contains Exempted Or Confidential Material? 
 
If the record contains a part that is subject to an exemption, the custodian may redact that portion and allow inspection of the rest. If the public record contains an exemption either in whole or in part, the custodian must state the basis of the exemption, including the citation of the exempting statute.
 
For further information, see Title X Fla. Stat. Ch. 119 Section 119.07.
 
What Is The Cost Of A Freedom Of Information Act Request In Florida?
 
An agency may charge you either a predetermined price authorized by law or no more than $0.15 per page or $0.20 per double-sided page if no cost is prescribed. If you request to obtain a certified copy of a public record, the agency may charge up to $1 per page. Under the law, if you submit a request of such a sort and volume that it demands the agency’s considerable use of information technology or staff time, the agency is authorized to impose a fair service fee that represents the actual cost incurred. This statute applies only to existing documents. The Florida Sunshine Law does not require public record custodians to create records in response to applicants’ requests but may do so at their discretion.
 
For further information, see Title X Fla. Stat. Ch. 119 Section 119.07.
 
Can I Photograph The Records?
 
Yes, members of the public have the right to take photographs of public records but it must be done in the room where the records are kept unless the custodian determines otherwise then the records may be photographed in another room. While members of the public may take photos of public records, they cannot photograph any exempted or confidential material.
 
For further information, see Title X Fla. Stat. Ch. 119 Section 119.07.
 
How Long Does It Take An Agency To Respond To A Request Under Florida’s Sunshine Or Public Records Laws?
 
The Florida Sunshine and Public Records Laws do not compel public record custodians to respond to requests within a specific time frame. However, Florida courts determined that an agency must respond within a “reasonable” time to locate requested records and redact exempt sections of the records. An “unreasonable” delay in granting access to public records to an individual who has requested to inspect or copy an agency’s records may be construed as a denial for the purpose of judicial relief. Note that a delay in obtaining a public record may occur if the record custodian’s office is inundated with a large volume of requests or if contact must be made with another agency before the record can be located.
 
For further information about Florida’s Sunshine Law, see Title X Fla. Stat. Ch. 286
For further information about Florida’s Public Records Law, see Title X Fla. Stat. Ch. 119.
 
What Happens If A Government Officer Violates The Public Records Law? 
 
Among other penalties, any public officer who violates Public Records Law is guilty of first-degree misdemeanor and can be fined up to $500 and removed from office. If you think there has been a violation of Florida’s Sunshine or Public Records Laws, you should contact the agency responsible for custody of the records and/or you may contact Florida’s Office of the Attorney General at https://www.myfloridalegal.com.
 
For further information about Florida’s Public Records Law, see Title X Fla. Stat. Ch. 119.

Section IV: Federal Laws

The following is a list of federal laws that relate to human and child trafficking with links and short summaries.

Summary: The Act created Title IV-E, or the program that gives funding for state foster care systems.

42 U.S.C. Ch. 7 and Title IV-E

Summary: The Act establishes a national center for child abuse and neglect and a National Clearinghouse on child abuse programs.

42 U.S.C. Ch. 67 Section 5101, 5102, and 5104

Summary: The act makes the Transportation with Intent to Engage in Prostitution, Promotion or Facilitation of Prostitution, Coercion and Enticement, and the Transportation of Minors to Engage in Prostitution a crime.

18 U.S.C. Ch. 117 Sections 2421 to 2423

Summary: The Act allows the AG to collect DNA samples from convicted Sex Offenders and Abusers.

34 U.S.C. Ch. 407 Sections 40702 and 40706

Summary: The law established Federal standards for the removal and placement of Native children as well as with termination of parental rights to protect the best interests of Native American children and keep them connected to their families and Tribes.

The law delineates the roles of State and Tribal governments in child welfare cases involving children who are members of or eligible for membership in Federally recognized Tribes.

25 U.S.C. Ch. 21

Summary: Federal Sex crimes include Enticement into Slavery, Involuntary Servitude, Forced Labor, Trafficking with respect to Involuntary Services, Sex Trafficking of Children, Illegally Withholding Documents in furtherance of Sex Crimes, Benefitting Financially from Trafficking Persons, and Attempting to and Conspiring to commit Child Sex Trafficking.

18 U.S.C. Ch. 77 Sections 1583, 1584, 1589, 1590, 1591, 1592, 1593A, 1594, 1596

Remedies for Victims of Sex Crimes include Restitution and injunctions.

18 U.S.C. Ch. 77 Sections 1593, 1595, 1595A

Summary: The Act provides law enforcement agencies with requirements when reporting missing children.

34 U.S.C. Ch. 413 Section 41307 and 41308

Summary: The act creates a national criminal history background check system where each State, Commonwealth, and Territory is required to report child abuse and indexes information for purposes of childcare providers.

34 U.S.C. Ch. 401

Summary: The act allows the creation of an Interstate Compact to better share criminal history records and encourages States to share data with the FBI in order to exchange criminal history records for noncriminal justice purposes allowed by laws.

34 U.S.C. Ch. 403 Sections 40315 and 40316

Summary: The act makes Sexual Exploitation of Children and the Selling or Buying Children, Failure to Report Child Abuse and certain activities relating to Sexual Exploitation of Minors and Possession of material that contains Child Pornography a crime.

18 U.S.C. Ch. 110 Sections 2251 to 2253

Summary: The act added a new chapter in Title 18 containing several new sex crimes, among which included Aggravated Sexual Abuse, Abusive Sexual Contact, and Sexual Abusive of a Minor or Ward of the State.

18 U.S.C. Ch. 109A Sections 2241, 2242, 2243, 2244, 2245, 2247

Remedies for Sex Abuse Act violations include Restitution, Criminal and Civil Forfeiture of Assets, and Civil Remedies for Personal Injuries.

18 U.S.C. Ch. 109A Section 2248; Ch. 110 Sections 2253, 2254, 2255, and 2259

Summary: The act created a National and State Sex Offender Registry and created different tiers of sex offenders. The Act also made it a crime for a convicted Sex Offender to fail to register.

34 U.S.C. Ch. 209

Summary: The Act creates subcategories for State sex crimes and human trafficking for reporting purposes.

34 U.S.C. Ch. 413 Section 41309

Summary: The Act requires all federal crimes shall be catalogued in the Uniform Crime Reports.

34 U.S.C. Ch. 413 Section 41303 and 41304

Summary: The act authorized the President to create an Interagency Task Force to Monitor and Combat Human Trafficking and authorize the Secretary of State to cooperate with foreign countries. 7103(a) and (b). The President also has authority to create and establish international economic initiatives to enhance economic opportunity for the victims of trafficking as a means to deter trafficking.

22 U.S.C. Ch. 78 Section 7101, 7103

Click to view or download an expanded review of federal laws.

Section V: Federal & State-by-State Resources

 
Government agencies must publish certain information to the Federal Register regarding their organizational structure, governmental procedures, rules of procedures, substantive rules of general applicability, and all revisions, repeals, or amendments of any such rules. 
 
Government agencies must make available final administrative opinions, statements of policy and adopted interpretations, administrative staff manual and instructions, copies of all records, and a general index of all records.
 
Government agencies must state to requestor the time, place, fees, and procedures of accessing public records. Agencies must make reasonable actions to maintain its records.
 
Government agencies must determine whether or not to comply with a FOIA no longer than 20 days (excluding weekends and federal holidays). If a government agency does not comply with a FOIA request within 20 days, the requestor is deemed to have exhausted administrative remedies. Upon any determination by an agency to comply with a request for records, the records shall be made promptly available to such person making such request. Most government agencies fail to meet the 20-day requirement. Because no jurisdiction has the power to review until after the 20-day requirement is expired, most FOIA requests end up in court resulting in courts ordering agencies to hand over the requested information unless it contains exempted material. 
 
Materials Exempted from FOIA Requests:
  1. Material that is classified as Top Secret in the name of national defense or foreign policy by Executive Order.
  2. Material that relates to internal rules and agency practices. 
  3. Material that is specifically exempted by other statutes.
  4. Material relating to trade secrets, commercial, or confidential financial information.
  5. Inter and Intra-agency memos that are unavailable to third parties that are not involved in litigation with the agency.
  6. Personnel and medical files and disclosure of similar files that constitute an unwarranted invasion of privacy.
  7. Certain records and information for law enforcement purposes with certain limitations.
  8. Material responsible for the regulation or supervision of financial institutions.
  9. Geological and geophysical information concerning wells.
Any fees accumulated for federal FOIA requests must be reasonable in relation to the actions to acquire the requested information. 

[mapplic id=”83305″]

State
Child Abuse Contact Information/Hotlines
Child Trafficking Hotlines

Alabama

County Contacts Links

Alaska

800-478-4444

Arizona

888-SOS-CHILD (1-888-767-2445)

Arkansas

800-482-5964

California

800-422-4453

Colorado

844-264-5437

Connecticut

800-842-2288

Delaware

800-292-9582

Florida

1-800-96-ABUSE (1-800-962-2873)

Georgia

855-422-4453

866-363-4842

Hawaii

Oahu: 808-832-5300 Hawaii Island, Maui, Molokai, Lanai, Kauai: 888-380-3088

Oahu: 808-832-1999 Hawaii Island, Maui, Molokai, Lanai, Kauai: 888-398-1188

Idaho

855-552-5437

208-630-6601

Illinois

800-252-2873

888-373-7888

Indiana

800-800-5556

888-373-7888

Iowa

800-362-2178

515-725-6330

Kansas

800-922-5330

888-373-7888

Kentucky

877-597-2331

888-373-7888

Louisiana

855-452-5437

800-434-8007

Maine

800-452-1999

888-373-7888

Maryland

800-917-7383

888-373-7888

Massachusetts

800-792-5200

617-963-2223

Michigan

855-444-3911

888-373-7888

Minnesota

By County

877-996-6222

Misssissippi

888-222-8000

888-373-7888

Missouri

800-392-3738

888-373-7888

Montana

866-820-5437

833-406-7867

Nebraska

800-652-1999

833-757-5665

Nevada

Washoe: 833-900-7233, Clark: 702-399-0081, All other counties: 833-571-1041

888-373-7888

New Hampshire

Everybody: 603-271-6562, In-state: 800-894-5533

800-277-5570

New Jersey

877-652-2873

855-363-6548

New Mexico

855-333-7233

888-373-7888

New York

800-342-3720

800-771-7755

North Carolina

Per County Contacts Links

888-373-7888

North Dakota

833-958-3500

888-373-7888

Ohio

855-642-4453

888-373-7888

Oklahoma

800-522-3511

855-617-2288

Oregon

855-503-7233

888-373-7888

Pennsylvania

800-932-0313

888-373-7888

Rhode Island

800-742-4453

888-373-7888

South Carolina

888-227-3487

888-373-7888

South Dakota

877-244-0864

888-373-7888

Tennessee

877-237-0004

855-558-6484

Texas

800-252-5400

888-373-7888

Utah

855-323-3237

801-200-3443

Vermont

800-649-5285

888-984-8626

Virginia

In-state: 804-786-8535 Out-of-State: 800-552-7096

833-463-6448

Washington

6 Different Regional Numbers:
Region 1: 800-557-9671, Region 2: 855-420-5888, Region 3: 866-829-2153, Region 4: 800-609-8764, Region 5: 888-713-6115, Region 6: 866-764-2233

888-373-7888

West Virginia

800-352-6513

888-373-7888

Wisconsin

Per County Contacts Links

888-373-7888

Wyoming

Per County Contacts Links

888-373-7888

The matrix below provides state laws, which include the state’s definition of grooming.

State
Statute
Name
Online/In-person/Both
Felony/ Misdemeanor
Penalty

Alabama

Electronic Solicitation of a Child

On-line

Class B Felony

Imprisoned between 2 and 20 years in prison

Alaska

Enticement of a Minor; Unlawful Exploitation of a Minor

Both

Class A Felony

Fined up to $250k and up to 20 years in prison

Arizona*

Luring a Minor for Sexual Exploitation

Unspecified

Class 3 Felony

Imprisoned between 2.5 to 7 years in prison

Arkansas

Sexual Grooming a Child

Both

Class D Felony or Class A Misdemeanor

Felony: Fined up to $10k and up to 6 years in prison
Misdemeanor: Fined up to $2,500 and up to 1 year in jail

California

§ 647.6

Miscellaneous Offenses

Unspecified

Misdemeanor

Fined up to $5k, up to 1 year in jail, or both

Colorado*

§ 18-6-403

Sexual Exploitation of a Child

Unspecified

Class 3, 4, or 5 Felony

Class 3: Fined up to $750k and imprisoned up between 10 and 32 years
Class 4: Imprisonment between 2 to 6 years and fined between $2k and $500k
Class 5: Imprisonment between a year and 18 months a fined between $1k and $100k

Connecticut

§ 53a-90a

Enticing a Minor

Online

Class B, C, or D Felony

Class B: Fined up to $15k and imprisoned between 1 and 40 years
Class C: Fined up to $10k and imprisoned between 1 and 10 years
Class D: Fined up to $5k and imprisoned between 1 and 5 years

Delaware

§ 1112A

Sexual Solicitation of a Child

Both

Class B or C Felony

Class B: Between 2 and 25 years in prison
Class C: Up to 15 years in prison

Florida

Prohibited Computer Usage

Online

Second or Third-Degree Felony

Second-Degree: Fined up to $10k and up to 15 years in prison
Third-Degree: Fined up to $5k and up to 5 years in prison

Georgia

§ 16-12-100.2(e)

Child Exploitation

Online

Felony

Fined up to $25k and imprisoned between 1 and 20 years

Hawaii*

Electronic Enticement

Online

Class B or C Felony

Class B: Imprisoned up to 10 years
Class C: Imprisoned up to 10 years

Idaho

Enticing a Child through use of the Internet or other Communication Device

Online

Felony

Imprisoned up to 15 years

Illinois

§ 5/11-25

Grooming

Online

Class 4 Felony

Between 1 and 3 years in prison

Indiana

§ 35-42-4-13

Inappropriate Communication with a child

In-person

Level 6 Felony or Class A or B Misdemeanor

Felony: Between 6 months in jail and 2.5 years in prison
Misdemeanor: Up to 1 year in jail and fined up to $5k (based on Class A misdemeanor)

Iowa

§ 728.12

Sexual Exploitation of a Minor

Unspecified

Class C or D Felony

Fined up to $50k and any other appropriate sentence

Kansas

§ 21-5510

Sexual Exploitation of a Child

Unspecified

Off-Grid Person, Severity Level 3 or 5 person Felony

Level 3: Imprisoned between 55 and 247 months
Level 5: Imprisoned between 31 and 136 months
Off-grid: Death or Life in prison

Kentucky

§ 510.155

Unlawful use of electronic means to induce a minor

Online

Class C or D Felony

Imprisoned between 5 and 10 years

Louisiana

§ 14:81.3

Computer-aided Solicitation of a Minor

Online

Felony

Fined up to $10k and imprisoned up to 20 years

Maine

§ 259-A

Solicitation of a Child

Both

Class C or D Crime (Felony or Misdemeanor)

Class C (Felony): Imprisoned up to 5 years and fined up to $5k
Class D Misdemeanor: Up to 1 year in jail and fined up to $2k

Maryland

§ 3-324

Computer-aided Solicitation of a Minor

Both

Felony

Fined up to $25k or imprisoned up to 10 years

Massachusetts

Inducing a Minor for Sex

In-Person

Felony

Fined up to $1k, Imprisoned up to 3 years, or both

Michigan

§ 750.145a

Accosting, Enticing, or Soliciting a Minor for Immoral Purpose

Unspecified

Felony

Fined up to $4k or imprisoned up to 4 years

Minnesota

§ 609.352

Solicitation of a Child for Sex

On-line

Felony

Fined up to $10k or imprisoned up to 5 years

Mississippi

§§ 97-5-33
and 97-5-35

Exploitation of Children

Both

Felony

Fined between $50k and $500k and imprisoned between 5 and 40 years

Missouri

§ 566.151

 

Enticement of a Child

Both

Felony

Imprisoned between 5 and 30 years

Montana

§ 45-5-625

Sexual Abuse of Children

Unspecified

Felony

Fined up to $10k and imprisoned for life or up to 100 years

Nebraska

§ 28-320.02

Sexual Assault using electronic communication

Online

IC or ID Felony

IC Felony: Imprisoned between 5 and 50 years in prison
ID Felony: Imprisoned between 3 and 50 years in prison

Nevada*

§ 201.560

Luring Children

Both

Category B or C Felony

Computer: Fined up to $10k and imprisoned between 1 and 10 years
Other Means: Fined up to $10k and imprisoned between 2 and 15 years

New Hampshire

§ 649-B:4

Prohibited Computer Uses

On-line

Class A or B Felony

Imprisoned between 10 and 20 years

New Jersey

§ 2C:13-6

Luring and Enticing a child

Both

Felony

Mandatory Minimum of 1/3 to ½ sentence imposed or 3 years, whichever is greater

New Mexico

§ 30-37-3.2

Child Solicitation by Electronic Device

On-line

Second, Third, or Fourth-Degree Felony

Second-Degree: Up to 15 years in prison and fined up to $12,500
Third-Degree: Up to 6 years in prison and fined up to $5k
Fourth-Degree: Up to 10 years in prison and fined up to $5k

New York

§§ 100.08

Criminal Solicitation

Unspecified

Class E Felony

Imprisoned between 16 months and 4 years

North Carolina

§ 14-202.3

Solicitation of Child by Computer

On-line

Class G or H Felony

Class G: Imprisoned between 8 and 31 months
Class H: Imprisoned between 4 and 25 months

North Dakota

§§ 12.1-20-05
and
12.1-20-05.1

Corruption, Solicitation, Luring a Minor

Both

Class A Misdemeanor or Class B or C Felony

Class A Misdemeanor: Up to 1 year in prison and fined up to $3k
Class B Felony: Up to 10 years in prison and fined up to $20k
Class C Felony: Up to 5 years in prison and fined up to $10k

Ohio

§ 2905.05

Criminal Child Enticement

Unspecified

First-Degree Misdemeanor or Fifth-Degree Felony

Misdemeanor: Up to 180 days in jail and fined up to $1k
Felony: Imprisoned between 6 and 12 months in jail and fined up to $2,500

Oklahoma

Lewd or Indecent Proposals to Minors

Both

Felony

Imprisoned between 3 and 25 years

Oregon

§ 167.057

Luring a Minor

Unspecified

Class C Felony

Imprisoned up to 5 years, fined up to $125k, or both

Pennsylvania*

§ 6320

Sexual Exploitation of Children

Unspecified

Second-Degree Felony

Imprisoned up to 10 years and fined up to $25k

Rhode Island

§ 11-37-8.8

Indecent Solicitation of a Child

Both

Felony

Imprisoned at least 5 years (See R.I. Gen. Laws Section 11-37-8.9)

South Carolina

§ 16-15-342

Solicitation of a Minor

Both

Felony

Fined up to $5k and imprisoned for up to 10 years

South Dakota

§ 22-24A-5

Solicitation of a Minor

Both

Class 4 Felony

Imprisoned up to 10 years and fined up to $20k

Tennessee

§ 39-13-528

Solicitation of a Minor

Both

One classification less than most serious crime solicited (Felony)

Example: If Class A Felony committed, punished like Class B Felony

Texas

Penal Code  Ch. 15 § 15.032 (Effective September 1, 2023); Ch. 33 § 33.021

Child Grooming; Online Solicitation of a Minor

Both

Section 33.021: Second or Third-Degree Felony
Section 15.032: Second or Third-Degree Felony

Second-Degree: Imprisoned between 2 and 20 years in prison and fined up to $10k
Third-Degree: Imprisoned between 2 and 10 years in prison and fined up to $10k

Utah

§ 76-4-401

Enticement of a Minor

Online

One classification less than the illegal conduct (Felony or Misdemeanor)

Example: If First-Degree Felony committed, punished like Second-Degree Felony

Vermont

Sexual Exploitation of Children

Both

Felony

Fined up to $10k or imprisoned for up to 5 years
(See 13 V.S.A. 2825(e))

Virginia

§ 18.2-374.4

Display of Child Pornography or Grooming Videos to a Child

Unspecified (but presumably online)

Class 6 Felony

Imprisoned between 1 to 5 years in prison

Washington*

§ 9.68A.040

Sexual Misconduct (Limited to School Employees)

Unspecified

Class B Felony

Imprisoned up to 10 years, fined up to $20k, or both

West Virginia

§ 61-3C-14b

Soliciting a Minor Through a Computer

Online

Felony

Fined up to $5k or imprisoned between 2 and 10 years

Wisconsin*

§ 942.09(4)

Representations depicting nudity

Unspecified

Class I Felony or Class A Misdemeanor

Felony: Imprisoned up to 3.5 years and fined up to $10k
Misdemeanor: Imprisoned up to 9 months in jail and fined up to $10k

Wyoming

§ 6-2-318

Soliciting to Engage in Illicit Sexual Relations

Unspecified

Felony

Imprisoned up to 5 years

*States that do not have a grooming statute or are too general to be called a grooming statute.

Source: Leah E. Kaylor, Georgia M. Winters, Elizabeth L. Jeglic & Jennifer Cilli (2022) An analysis of child sexual grooming legislation in the United States, Psychology, Crime & Law, DOI: 10.1080/1068316X.2022.2043313

Go To The Project Defend & Protect Our Children Homepage

The information, links, and other materials furnished by America’s Future on this website page are being furnished only for educational and informational purposes and with the understanding that America’s Future, Inc. is not engaged in rendering legal advice. If legal advice or other expert assistance is required, the services of a competent professional advisor should be sought. Before relying on the information, links, or other materials on this website page, you should confirm that the materials provided are current and complete and have not been rescinded, modified, deleted, or updated otherwise.

REPORT HUMAN TRAFFICKING

Florida Law Enforcement:
1-855-FLA-SAFE

Florida Abuse Hot Line:
1-800-96-ABUSE
(1-800-962-2873)

Homeland Security Human Trafficking Hotline:
1-866-347-2423

Immigration and Customs Enforcement Hotline:
1-866-DHS-2-ICE

Join The PDPC Network

Learn More

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