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A bill to be entitled 1
An act relating to human trafficking, prostitution, 2
and lewdness; amending s. 95.11, F.S.; conforming 3
provisions to changes made by the act; amending s. 4
450.045, F.S.; increasing criminal penalties for 5
specified offenses involving adult theaters; creating 6
s. 787.061, F.S.; providing legislative findings; 7
providing definitions; providing a civil cause of 8
action against a trafficker or facilitator by victims 9
of human trafficking; providing procedures and 10
requirements for claims; providing for damages, 11
penalties, punitive damages, attorney fees, expenses, 12
and costs; providing a statute of limitations; 13
providing an affirmative defense for owners or 14
operators of public lodging establishments under 15
certain circumstances; amending s. 796.07, F.S.; 16
authorizing judicial circuits to establish educational 17
programs for persons convicted of or charged with 18
certain violations; specifying contents of such 19
programs; providing that such programs may be offered 20
by faith-based providers; amending s. 943.17297, F.S.; 21
revising requirements for law enforcement training in 22
identifying and investigating human trafficking; 23
creating s. 1004.343, F.S.; creating the Statewide 24
Data Repository for Anonymous Human Trafficking Data 25
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at the University of South Florida; providing purposes 26
of the data repository; specifying duties of 27
university faculty and staff; designating required 28
reporting entities; requiring specified information to 29
be reported; providing for reporting; providing an 30
effective date. 31
32
Be It Enacted by the Legislature of th e State of Florida: 33
34
Section 1. Subsections (7) and (9) of section 95.11, 35
Florida Statutes, are amended to read: 36
95.11 Limitations other than for the recovery of real 37
property.—Actions other than for recovery of real property shall 38
be commenced as follows: 39
(7) FOR INTENTIONAL TORTS BASED ON ABUSE. —An action 40
founded on alleged abuse, as defined in s. 39.01, s. 415.102, or 41
s. 984.03;, or incest, as defined in s. 826.04 ;, or an action 42
brought pursuant to s. 787.061, may be commenced at any time 43
within 7 years after the age of majority, or within 4 years 44
after the injured person leaves the dependency of the abuser, or 45
within 4 years from the time of discovery by the injured party 46
of both the injury and the causal relationship between the 47
injury and the abuse, whichever occurs later. 48
(9) SPECIFIED SEXUAL BATTERY OFFENSES ON VICTIMS UNDER AGE 49
16.—An action related to an act constituting a violation of s. 50
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794.011 or an action brought pursuant to s. 787.061 involving a 51
victim who was under the age of 16 at the time of the act may be 52
commenced at any time. This subsection applies to any such 53
action other than one which would have been time barred on or 54
before July 1, 2010. 55
Section 2. Paragraph (d) of subsection (3) of section 56
450.045, Florida Statutes, is amended, and paragraphs (a), (b), 57
and (c) of that subsection are republished, to read: 58
450.045 Proof of identity and age; posting of notices. — 59
(3)(a) In order to provide the department and law 60
enforcement agencies the means to more effectively identif y, 61
investigate, and arrest persons engaging in human trafficking, 62
an adult theater, as defined in s. 847.001(2)(b), shall obtain 63
proof of the identity and age of each of its employees or 64
independent contractors, and shall verify the validity of the 65
identification and age verification document with the issuer, 66
before his or her employment or provision of services as an 67
independent contractor. 68
(b) The adult theater shall obtain and keep on record a 69
photocopy of the person's driver license or state or federa l 70
government-issued photo identification card, along with a record 71
of the verification of the validity of the identification and 72
age verification document with the issuer, during the entire 73
period of employment or business relationship with the 74
independent contractor and for at least 3 years after the 75
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employee or independent contractor ceases employment or the 76
provision of services. 77
(c) The department and its agents have the authority to 78
enter during operating hours, unannounced and without prior 79
notice, and inspect at any time a place or establishment covered 80
by this subsection and to have access to age verification 81
documents kept on file by the adult theater and such other 82
records as may aid in the enforcement of this subsection. 83
(d) A person who owns, operates, or manages an adult 84
theater owner, operator, or manager who knowingly violates this 85
subsection commits a felony of misdemeanor in the third first 86
degree, punishable as provided in s. 775.082 , or s. 775.083, or 87
s. 775.084. 88
Section 3. Section 787.061, Florida Statutes, is created 89
to read: 90
787.061 Civil actions by victims of human trafficking. — 91
(1) FINDINGS.-The Legislature finds that it is necessary 92
to provide a civil cause of action for the recovery of specified 93
damages and costs in order to achieve the intent of the 94
Legislature relating to human trafficking as expressed in s. 95
787.06(1)(d). 96
(2) DEFINITIONS.—As used in this section, the term: 97
(a) "Facilitator" means a person who knowingly, or through 98
gross negligence, assists or provides goods or services to a 99
trafficker that aids or enables the trafficker to carry out 100
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human trafficking. Th e term includes an adult entertainment 101
establishment, as defined in s. 847.001(2), that allows a victim 102
of human trafficking to work, perform, or dance at an 103
establishment. The term does not include a person who 104
facilitates human trafficking while under du ress, whether due to 105
force, threat, or coercion. 106
(b) "Gross negligence" exists when a person has knowledge 107
of information that would raise suspicions in a reasonable 108
person and he or she deliberately refrains from obtaining 109
confirmation of or acting on t he information because he or she 110
wants to remain ignorant, such that having and avoiding such 111
knowledge or information can reasonably and fairly be imputed to 112
the person who avoided obtaining such confirmation. 113
(c) "Human trafficking" has the same meanin g as provided 114
in s. 787.06(2). 115
(d) "Trafficker" means any person who: 116
1. Knowingly engages in human trafficking; 117
2. Attempts to engage in human trafficking; or 118
3. Benefits financially by receiving anything of value 119
from participation in a group of two or more individuals 120
associated in fact, regardless of whether such group constitutes 121
a legal entity, that has subjected a person to human 122
trafficking. 123
(e) "Victim of human trafficking" means a person subjected 124
to coercion, as defined in s. 787.06(2), or by any other means, 125
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for the purpose of being used in human trafficking; a child 126
under 18 years of age subjected to human trafficking; or an 127
individual subjected to human trafficking as defined by federal 128
law. 129
(3) CIVIL CAUSE OF ACTION. — 130
(a) A victim of human trafficking has a civil cause of 131
action against a trafficker or facilitator who victimized her or 132
him and may recover damages as provided in this section. 133
(b) The action may be brought in any circuit court of 134
competent jurisdiction in this sta te. 135
(c) A victim who prevails in any such action may recover 136
economic and noneconomic damages; punitive damages, as provided 137
in ss. 768.72, 768.725, and 768.73; reasonable attorney fees; 138
and costs. 139
1. Economic damages include, but are not limited to, p ast 140
and future medical and mental health expenses; repatriation 141
expenses, when a victim elects repatriation; and all other 142
reasonable costs and expenses incurred by the victim in the past 143
or estimated to be incurred by the victim in the future as a 144
result of the human trafficking. 145
2. Noneconomic damages are nonfinancial losses that would 146
not have occurred but for the victimization, and include pain 147
and suffering, inconvenience, physical impairment, mental 148
anguish, disfigurement, loss of capacity for enjo yment of life, 149
and other nonfinancial losses. 150
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(d) The civil remedies provided for in this section do not 151
preempt any other remedy or cause of action provided by law, 152
except that a victim may not recover under both this section and 153
s. 772.104(2). 154
(e) If the factfinder determines a parent or legal 155
guardian knowingly or through gross negligence trafficked the 156
victim, facilitated such trafficking, or otherwise participated 157
in the human trafficking of the victim, the court may not allow 158
such parent or legal guardian to receive any distribution of 159
damages awarded under this section. 160
(f) The court shall have specific authority to consolidate 161
civil actions for the same trafficker or facilitator for the 162
purpose of case resolution and aggregate jurisdiction. 163
(4) STATUTE OF LIMITATIONS. —The statute of limitations as 164
specified in s. 95.11(7) or (9), as applicable, governs an 165
action brought under this section. 166
(5) AFFIRMATIVE DEFENSE. —In any action brought under this 167
section against the owner or operator of a public lodging 168
establishment based on a claim of vicarious liability, it is an 169
affirmative defense if the owner or operator proves that: 170
(a) Employees of the establishment have received human 171
trafficking awareness training in accordance with s. 509.096 a nd 172
rules adopted thereunder. 173
(b) The owner or operator had in place an effective 174
employee protocol or employee code of conduct to detect and 175
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report suspected human trafficking to the National Human 176
Trafficking Hotline or to a local law enforcement agency in 177
accordance with s. 509.096. 178
(c) The owner or operator has posted a human trafficking 179
public awareness sign in a conspicuous location in the 180
establishment in accordance with s. 509.096. 181
(d) The owner or operator exercised reasonable care and 182
diligence in screening, training, overseeing, and supervising 183
any employee alleged in the action to have been facilitators of, 184
or otherwise participants in, human trafficking and made a 185
reasonable attempt to ensure such employees complied with the 186
recommendations and practices suggested or required in the 187
training, protocols, or policies required by this subsection. 188
Section 4. Paragraph (b) of subsection (5) of section 189
796.07, Florida Statutes, is amended, subsection (8) is added to 190
that section, and paragraph (f) of subsection (2) and paragraph 191
(a) of subsection (5) of that section are republished, to read: 192
796.07 Prohibiting prostitution and related acts. — 193
(2) It is unlawful: 194
(f) To solicit, induce, entice, or procure another to 195
commit prostitution, lewdness, or assignation. 196
(5)(a) A person who violates paragraph (2)(f) commits: 197
1. A misdemeanor of the first degree for a first 198
violation, punishable as provided in s. 775.082 or s. 775.083. 199
2. A felony of the third degree for a second violation, 200
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punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 201
3. A felony of the second degree for a third or subsequent 202
violation, punishable as provided in s. 775.082, s. 775.083, or 203
s. 775.084. 204
(b) In addition to any other penalty imposed, the cou rt 205
shall order a person convicted of a violation of paragraph 206
(2)(f) to: 207
1. Perform 100 hours of community service .; and 208
2. Pay for and attend an educational program as described 209
in subsection (8), about the negative effects of prostitution 210
and human trafficking, such as a sexual violence prevention 211
education program, including such programs offered by faith -212
based providers, if such a program exists programs exist in the 213
judicial circuit in which the offender is sentenced. 214
(8)(a) A judicial circuit ma y establish an educational 215
program for persons convicted of or charged with a violation of 216
paragraph (2)(f), to include education on: 217
1. The relationship between demand for commercial sex and 218
human trafficking. 219
2. The impact of human trafficking on vic tims. 220
3. Coercion, consent, and sexual violence. 221
4. The health and legal consequences of commercial sex. 222
5. The negative impact of commercial sex on prostituted 223
persons and the community. 224
6. The reasons and motivations for engaging in 225
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prostitution. 226
(b) An educational program may include a program offered 227
by a faith-based provider. 228
Section 5. Section 943.17297, Florida Statutes, is amended 229
to read: 230
943.17297 Continuing employment Training in identifying 231
and investigating human trafficking. —Within 1 year after 232
beginning employment, Each certified law enforcement officer 233
must successfully complete 4 hours of training in identifying 234
and investigating human trafficking as part of the basic recruit 235
training of the officer required in s. 943.13(9) o r additional 236
training required in s. 943.131(4) . Completion of the training 237
component may count toward the 40 hours of instruction for 238
continued employment or appointment as a law enforcement officer 239
required under s. 943.135. This training component must be 240
completed by current law enforcement officers by July 1, 2022. 241
The training must be developed by the commission in consultation 242
with the Department of Legal Affairs and the Statewide Council 243
on Human Trafficking. If an officer fails to complete the 244
required training, his or her certification must be placed on 245
inactive status until the employing agency notifies the 246
commission that the officer has completed the training. 247
Section 6. Section 1004.343, Florida Statutes, is created 248
to read: 249
1004.343 Statewide Data Repository for Anonymous Human 250
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Trafficking Data.— 251
(1) The University of South Florida Trafficking in Persons 252
- Risk to Resilience Lab shall house and operate the state's 253
unified Statewide Data Repository for Anonymous Human 254
Trafficking Data. 255
(a) The purposes of the data repository are to: 256
1. Collect and analyze anonymous human trafficking data to 257
better understand the magnitude and trends in human trafficking 258
in the state over time. 259
2. Help evaluate the effectiveness of various state -funded 260
initiatives to combat human trafficking to determine the impact 261
of such initiatives and to use evidence -based decisionmaking in 262
the determination of state investments in such initiatives. 263
3. To inform statewide efforts among law enforcement, 264
state agencies, and other entities to combat human trafficking 265
and apprehend and prosecute those persons responsible for human 266
trafficking. 267
4. To better serve victims of human trafficking through 268
evidence-based interventions that have proven effective. 269
(b) University of South Florida faculty and staff assigned 270
to the lab shall: 271
1. Design, operate, maintain, and protect the integrity of 272
the statewide human trafficking data repository. 273
2. Design, in consultation with the Department of Law 274
Enforcement and other law enforcement partners, and launch a 275
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user-friendly system for uploading anonymous human trafficking 276
data to the repository in a manner that can be accomplished 277
quickly and at no additional cost to the required reporting 278
entities. 279
3. Analyze such data to identify initiatives and 280
interventions that worked best in combatting human trafficking, 281
prosecuting individuals conducting human trafficking, and 282
assisting victims of human trafficking. 283
4. Work with law enforcement and state agencies to report 284
data on human trafficking investigations and prosecutions that 285
can aid those agencies in combatting human trafficking and 286
prosecuting those individuals responsible for human trafficking. 287
(2)(a) The following agencies and organizations are 288
considered required r eporting entities under this section: 289
1. Law enforcement agencies operating with state or local 290
government tax proceeds, including, but not limited to, 291
municipal police departments, county sheriff's departments, 292
county attorney's offices, and state attor ney's offices. 293
2. The Department of Law Enforcement and any other state 294
agencies that hold any data related to human trafficking. 295
3. Service providers and other nongovernmental 296
organizations that serve victims of human trafficking through 297
state or federal funding for such purpose. 298
(b) Notwithstanding paragraph (a), any required reporting 299
entity that submits the data required under subsection (3) from 300
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its local jurisdiction to the Department of Law Enforcement's 301
Uniform Crime Report (UCR) system or Flo rida Incident-Based 302
Reporting System (FIBRS) may, but is not required to, submit any 303
additional data to the statewide human trafficking data 304
repository. However, the Department of Law Enforcement shall 305
upload or otherwise share with the statewide human tra fficking 306
data repository, at least quarterly, the relevant data required 307
by this section that has been reported by local jurisdictions to 308
the UCR system and the FIBRS. 309
(3) The following human trafficking data shall be 310
submitted by required reporting enti ties to the statewide human 311
trafficking data repository unless such entity is exempt from 312
the reporting under paragraph (2)(b): 313
(a) The alleged offense that was being investigated or 314
prosecuted and a description of the alleged prohibited conduct. 315
(b) The age, gender, and race or ethnicity of each suspect 316
and victim and the case number associated with that suspect and 317
victim. 318
(c) The date, time, and location of the alleged offense. 319
(d) The type of human trafficking involved. 320
(e) Any other related prosecution charges. 321
(f) Information regarding any victim services organization 322
or program to which the victim was referred, if available. 323
(g) The disposition of the investigation or prosecution, 324
regardless of its manner of disposition. 325
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(4)(a) A required reporting entity located in a county 326
with a population of more than 500,000 must begin reporting its 327
jurisdiction's human trafficking data required by this section 328
to the statewide human trafficking data repository, or to the 329
UCR system or the FIBRS, on or before July 1, 2023, and at least 330
quarterly each year thereafter. 331
(b) A required reporting entity located in a county with a 332
population of 500,000 or fewer must begin reporting its 333
jurisdiction's human trafficking data required by this section 334
to the statewide human trafficking data repository, or to the 335
UCR system or the FIBRS, on or before July 1, 2024, and at least 336
biannually each year thereafter. 337
(5) Beginning July 1, 2024, and annually thereafter, 338
University of South Florida Trafficking in Pe rsons - Risk to 339
Resilience Lab, shall submit an annual report and analysis on 340
its findings to the Governor, the Attorney General, the 341
President of the Senate and the Speaker of the House of 342
Representatives. 343
Section 7. This act shall take effect July 1, 2023. 344