This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h7045z.DOCX
DATE: 5/17/2023
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: CS/HB 7045 PCB JDC 23-02 Human Trafficking, Prostitution, and Lewdness
SPONSOR(S): Commerce Committee and Judiciary Committee, Overdorf and others
TIED BILLS: IDEN./SIM. BILLS: SB 7064
FINAL HOUSE FLOOR ACTION: 116 Y’s
0 N’s GOVERNOR’S ACTION: Approved
SUMMARY ANALYSIS
CS/HB 7045 passed the House on May 3, 2023, as SB 7064 as amended. The Senate concurred in the House
amendment to the Senate bill and subsequently passed the bill as amended on May 3, 2023.
Human trafficking is a form of modern-day slavery which involves the transporting, soliciting, recruiting,
harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining of another person
for the purpose of exploiting that person. A victim of human trafficking has a federal cause of action under 18
U.S.C. § 1595, which may be brought against any perpetrator of trafficking or any person who knowingly
benefits from the trafficking of a victim. Victims of human trafficking also have a state civil cause of action
under ch. 772, F.S., related to civil remedies for criminal practices. Alternatively, under s. 796.09, F.S., a
person has a cause of action against a person who coerced that person into prostitution; a person who coerces
that person to remain in prostitution; or a person who uses coercion to collect or receive any part of that
person’s earnings derived from prostitution.
The bill creates s. 787.061, F.S., to provide a civil cause of action for victims of human trafficking against an
adult theater or an owner, operator, or manager of such theater, that knowingly allows a victim of human
trafficking to work, perform, or dance at the adult theater. The bill amends s. 95.11, F.S., to specify the statute
of limitations for bringing an action under the bill’s civil remedy provision.
The bill amends s. 787.06, F.S. to require that after satisfying any liens, the proceeds from any real or personal
property seized and forfeited as provided by the Florida Contraband Forfeiture Act, must first be allocated to
pay any order of restitution of a human trafficking victim in the criminal case for which the owner was
convicted. The bill also amends s. 450.045, F.S., to increase the offense for failure of an owner, operator, or
manager of an adult theater to comply with the proof of age and identity verification requirements from a first-
degree misdemeanor to a third-degree felony; and removes the language indicating that the owner, operator,
or manager must violate s. 450.045, F.S. knowingly. The bill amends s. 796.07, F.S., to require an offender
convicted for soliciting another person to commit prostitution to pay for and attend an educational program
relating to human trafficking and commercial sex, if one is available, in addition to any other penalty imposed.
The bill also:
Amends s. 943.17297, F.S., to require that each certified law enforcement officer successfully complete
four hours of training in identifying and investigating human trafficking as part of the basic recruit
training or any additional required training.
Creates s. 1004.343, F.S., to establish the Statewide Data Repository for Anonymous Human
Trafficking Data within the University of South Florida’s Trafficking in Persons – Risk to Resilience Lab.
The bill may have an indeterminate positive impact on jail and prison beds by increasing the offense level for
failure of an adult theater owner, operator, or manager to comply with proof of age and identity requirements to
a third-degree felony, which may result in more jail and prison admissions. The bill may also have an
indeterminate, but likely insignificant, fiscal impact on state expenditures, and an indeterminate negative fiscal
impact on state and local government revenue.
The bill was approved by the Governor on May 16, 2023, ch. 2023-86, L.O.F., and will become effective on
July 1, 2023.
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I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Background
Human Trafficking
Human trafficking is a form of modern-day slavery which involves the transporting, soliciting, recruiting,
harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining of another
person for the purpose of exploiting that person.
1
It is the intent of the Legislature that the perpetrators
of human trafficking be penalized for their illegal conduct and that the victims of trafficking be protected
and assisted by this state and its agencies.
2
A person who knowingly, or in reckless disregard of the facts, engages in or attempts to engage in
human trafficking, or benefits financially by receiving anything of value from participating in a venture
that has subjected a person to human trafficking for commercial sexual activity, labor,
3
or services:
4
By coercing an adult, commits a first-degree felony.
5, 6
With or of a child younger than 18 years of age or a person believed to be a child younger than
18, commits a first-degree felony.
7
For commercial sexual activity with a mentally defective
8
or mentally incapacitated
9
person,
commits a life felony.
10
“Coercion” includes:
Using or threatening to use force against a person.
Restraining, isolating, or confining a person without lawful authority and against his or her will,
or threatening to do so.
Using lending or other credit methods to establish a debt by a person when labor or services are
pledged as a security for the debt, if the reasonably assessed value of the labor or services is
not applied toward the liquidation of the debt.
Destroying, concealing, removing, confiscating, withholding, or possessing any actual or
purported passport, visa, other immigration document, or government identification document.
Causing or threatening to cause financial harm.
Enticing or luring a person by fraud or deceit.
Providing a Schedule I or II controlled substance
11
to a person for the purpose of exploiting that
person.
12
1
S. 787.06(2)(d), F.S.
2
S. 787.06(1)(d), F.S.
3
“Labor” means work of economic or financial value. S. 787.06(2)(e), F.S.
4
“Services” means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is
not limited to, forced marriage, servitude, or the removal of organs. S. 787.06(2)(h), F.S.
5
S. 787.06(3)(a)2., (b), (c)2., (d), (e)2., and (f)2., F.S.
6
A first-degree felony is punishable by up to 30 years’ imprisonment and a $10,000 fine. Ss. 775.082 and 775.083, F.S.; or see s.
775.084, F.S. (applies to violent career criminals, habitual felony offenders, habitual violent felony offenders, and three-time violent
felony offenders).
7
S. 787.06(3)(a)1., (c)1., (e)1., and (f)1., F.S.
8
“Mentally defective” means a mental disease or defect which renders a person temporarily or permanently incapable of appraising the
nature of his or her conduct. S. 794.011(1)(c), F.S.
9
“Mentally incapacitated” means temporarily incapable of appraising or controlling a person's own conduct due to the influence of a
narcotic, anesthetic, or intoxicating substance administered without his or her consent or due to any other act committed upon that
person without his or her consent. S. 794.011(1)(d), F.S.
10
S. 787.06(3)(g), F.S. A life felony is punishable by up to life imprisonment and a $15,000 fine. Ss. 775.082 and 775.083; see
775.084, F.S. (applies to violent career criminals, habitual felony offenders, habitual violent felony offenders, and three-time violent
felony offenders).
11
S. 893.03, F.S.
12
S. 787.06(2)(a), F.S.
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“Commercial sexual activity” means any prostitution, lewdness, or assignation offense or attempt to
commit such an offense, and includes a sexually explicit performance
13
and the production of
pornography.
14
If, during the commission of any first-degree felony offense listed above, the offender causes great
bodily harm, permanent disability, or permanent disfigurement to another person, the offense is
reclassified as a life felony.
15
Any person who for the purpose of committing or facilitating an offense of
human trafficking, permanently brands,
16
or directs to be branded, a victim of human trafficking,
commits a second-degree felony.
17
Additionally, a parent, legal guardian, or a person with custody over a minor, who sells or transfers
custody or control of the minor, or offers to sell or transfer custody or control of the minor, with
knowledge or in reckless disregard of the fact that the child will be subject to human trafficking after the
sale or transfer, commits a life felony.
18
An offender’s ignorance of a victim’s age, a victim’s misrepresentation of his or her age, or an
offender’s bona fide belief of a victim’s age cannot be raised as a defense in the prosecution for a
human trafficking offense.
19
A person convicted of human trafficking for commercial sexual activity must
register as a sexual offender.
20
Furthermore, any real or personal property that was used, attempted to be used, or intended to be used
in the commission of a human trafficking offense may be seized and shall be forfeited subject to the
Provisions of the Florida Contraband Forfeiture Act.
21
Federal Trafficking Victim Protections Act
Under the Federal Trafficking Victim Protections Act, “severe forms of trafficking in persons” means:
Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which
a person induced to perform such an act has not attained 18 years of age; or
The recruitment, harboring, transportation, provision, or obtaining of a person for labor or
services, through the use of force, fraud, or coercion, for the purpose of subjection to involuntary
servitude, peonage, debt bondage, or slavery.
22
Florida Contraband Forfeiture Act
Seizure
13
A sexually explicit performance is an act or show, whether public or private, that is live, photographed, recorded, or videotaped and
intended to arouse or satisfy sexual desires or appeal to the prurient interest. S. 787.06(2)(i), F.S.
14
S. 787.06(2)(b), F.S.
15
S. 787.06(8)(b), F.S.
16
“Permanently branded” means a mark on the individual’s body that, if it can be removed or repaired at all, can only be removed or
repaired by surgical means, laser treatment, or other medical procedure. S. 787.06(4)(b), F.S.
17
S. 787.06(4)(b), F.S. A second-degree felony is punishable by a term of imprisonment not exceeding 15 years and a $10,000 fine.
Ss. 775.082 and 775.083, F.S.; see s. 775.084, F.S. (applies to violent career criminals, habitual felony offenders, habitual violent
felony offenders, and three-time violent felony offenders).
18
S. 787.06(4)(a), F.S.
19
S. 787.06(9), F.S.
20
S. 943.0435, F.S.
21
S. 787.06(7), F.S.
22
22 U.S.C. § 7102(11).
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The Florida Contraband Forfeiture Act (FCFA)
23
authorizes a law enforcement agency to seize a
contraband article, vessel, motor vehicle, aircraft, other personal property, or real property used in
violation of the FCFA, or in, upon, or by means of which any violation of the FCFA has taken or is
taking place.
24
A “contraband article” includes:
Personal property that was used or attempted to be used as an instrumentality in, or to aid or
abet the commission of, any felony, or which is acquired by proceeds obtained from a violation
of the Act; and
Real property that was used or attempted to be used as an instrumentality in, or to aid or abet
the commission of, any felony, or which is acquired by proceeds from a violation of the Act.
Property may only be seized if the owner of the property is arrested for a criminal offense that forms the
basis for determining that the property is a contraband article, or if one of the following circumstances
apply:
The owner of the property cannot be identified after a diligent search, or the person in
possession of the property denies ownership and the owner of the property cannot be identified
by means that are available to the employee or agent of the seizing agency at the time of the
seizure;
The owner of the property is a fugitive from justice or is deceased;
An individual who does not own the property is arrested for a criminal offense that forms the
basis for determining that the property is a contraband article and the owner of the property had
actual knowledge of the criminal activity;
The owner of the property agrees to be a confidential informant; or
The property is a monetary instrument.
25
If a law enforcement agency seizes property, the agency must apply to a court for an order determining
whether probable cause exists for the seizure of the property within 10 days of such seizure.
26
If a court
finds that probable cause exists for the seizure and determines that the owner was arrested for a
qualifying offense or an arrest exception applies, the law enforcement agency may initiate a forfeiture
proceeding.
27
Forfeiture
A seizing law enforcement agency must promptly initiate forfeiture proceedings by filing a complaint in
the circuit court in the jurisdiction where the seizure or offense occurred.
28
Upon proof beyond a
reasonable doubt that the contraband article was used in violation of the FCFA, the court must order
the seized property forfeited to the seizing law enforcement agency.
29
After the property is forfeited to
the seizing law enforcement agency, the agency may:
Retain the property for the agency’s use;
Sell the property; or
Salvage, trade, or transfer the property to any public or nonprofit organization.
30
If the seizing law enforcement agency is a county or municipal law enforcement agency, the proceeds
from a forfeiture must be deposited into a trust fund established by the county or municipality, and such
proceeds may be used for school resource officer, crime prevention, safe neighborhood, drug abuse
23
See ss. 932.701–932.7062, F.S.
24
S. 932.703(1)(a), F.S.
25
“Monetary instrument” means coin or currency of the United States or any other country; a traveler's check; a personal check; a bank
check; a cashier's check; a money order; a bank draft of any country; an investment security or negotiable instrument in bearer form or
in other form such that title passes upon delivery; a prepaid or stored value card or other device that is the equivalent of money and can
be used to obtain cash, property, or services; or gold, silver, or platinum bullion or coins. S. 932.703(1)(a)5., F.S.
26
S. 932.703(2)(a), F.S.
27
S. 932.703(2)(b), F.S.
28
S. 932.704(4), F.S.
29
S. 932.704(8), F.S.
30
S. 932.7055(1), F.S.
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education and prevention programs, or other law enforcement purposes except for meeting the normal
operating expenses of the agency.
31
If the seizing agency is a state agency, the proceeds are
deposited into the General Revenue Fund unless such agency has a dedicated trust fund created by
statute to accept proceeds from a forfeiture.
32
Soliciting or Purchasing Prostitution
Section 796.07, F.S., defines prostitution as the giving or receiving of the body for sexual activity for
hire.
33
Under s. 796.07(2)(a)-(e) and (g)-(i), F.S., it is a second-degree misdemeanor:
34
To own, establish, maintain, or operate any place, structure, building, or conveyance for the
purpose of lewdness,
35
assignation,
36
or prostitution;
To offer, or to offer or agree to secure, another for the purpose of prostitution or for any other
lewd or indecent act;
To receive, or to offer or agree to receive, any person into any place, structure, building, or
conveyance for the purpose of prostitution, lewdness, or assignation, or to permit any person to
remain there for such purpose;
To direct, take, or transport, or to offer or agree to direct, take, or transport, any person to any
place, structure, or building, or to any other person, with knowledge or reasonable cause to
believe that the purpose of such directing, taking, or transporting is prostitution, lewdness, or
assignation;
For a person 18 years of age or older to offer to commit, or to commit, or to engage in,
prostitution, lewdness, or assignation;
To reside in, enter, or remain in, any place, structure, or building, or to enter or remain in any
conveyance, for the purpose of prostitution, lewdness, or assignation;
To aid, abet, or participate in any of the acts or things listed above; or
To purchase the services of any person engaged in prostitution.
37
The penalty for a violation listed above is reclassified to a first-degree misdemeanor
38
for a second
violation, and a third-degree felony
39
for any third or subsequent violation.
40
Additionally, under s. 796.07(2)(f), F.S., a person who solicits, induces, entices, or procures another
person to commit prostitution, lewdness, or assignation commits a first-degree misdemeanor for a first
violation, a third-degree felony for a second violation, and a second-degree felony for a third or
subsequent violation.
41
An offender convicted for soliciting another person to commit prostitution is also
subject to additional penalties including:
One hundred hours of community service;
42
31
S. 932.7055(5)(a), F.S.
32
S. 932.7055(6), F.S.
33
This definition excludes sexual activity between spouses. S. 796.07(1)(b), F.S.
34
A second-degree misdemeanor is punishable by up to 60 days in county jail and a fine not exceeding $500. Ss. 775.082(4)(b) and
775.083(1)(e), F.S.
35
“Lewdness” means any indecent or obscene act. S. 796.07(1)(c), F.S.
36
“Assignation” means the making of any appointment or engagement for prostitution or lewdness, or any act in furtherance of such
appointment or engagement. S. 796.07(1)(d), F.S.
37
S. 796.07(2), F.S.
38
A first-degree misdemeanor is punishable by a term of imprisonment not exceeding one year and a $1,000 fine. Ss. 775.082(4)(a)
and 775.083(1)(d), F.S.
39
A third-degree felony is punishable by a term of imprisonment not exceeding five years and a $5,000 fine. Ss. 775.082 and 775.083,
F.S.; see s. 775.084, F.S. (applies to violent career criminals, habitual felony offenders, habitual violent felony offenders, and three-time
violent felony offenders).
40
S. 796.07(4), F.S.
41
S. 796.07(2)(f) and (5)(a), F.S.
42
S. 796.07(5)(b)1., F.S.
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Being required to pay for and attend an educational program about the negative effects of
prostitution and human trafficking, such as a sexual violence prevention education program,
including such programs offered by faith-based providers, if such a program is offered in the
circuit in which the offender is sentenced;
43
A 10-day mandatory minimum jail sentence for a second or subsequent violation;
44
Vehicle impoundment up to 60 days if the offender used a car to commit the violation;
45
Inclusion of the offender’s name on the Soliciting for Prostitution Public Database in certain
situations;
46
and
A $5,000 civil fine.
47
Restitution
In addition to any punishment, a court must order a defendant to make restitution to a victim for
damage or loss caused directly or indirectly by the defendant’s offense; and damage or loss related to
the defendant’s criminal episode, which may include:
Costs of necessary medical and related professional services and devices relating to physical,
psychiatric, and psychological care, including nonmedical care and treatment rendered in
accordance with a recognized method of healing;
Costs of necessary physical and occupational therapy and rehabilitation;
Reimbursing the victim for income lost as a result of the offense; and
Costs of necessary funeral and related services.
48
An order of restitution does not bar any subsequent civil remedy or recovery, but the amount of such
restitution shall be set off against any subsequent independent civil recovery.
49
Statutes of Limitations
A statute of limitations is an absolute bar to the filing of a lawsuit after a date set by law. A statute of
limitations specifies when such time period begins, how long the limitation period runs, and the
circumstances by which the running of the statute may be “tolled,” or suspended. A statute of limitations
usually begins to run when a cause of action accrues, which generally, is when the harm occurs.
Section 95.11, F.S., provides limitations on the commencement of actions other than for recovery of
real property, including actions founded on abuse or related to an offense of sexual battery.
An action founded on alleged abuse
50
may be commenced at the latest of the following times:
At any time within seven years after the age of majority;
Within four years after the injured person leaves the dependency of the abuser; or
Within four years from the time of discovery by the injured party of both the injury and the causal
relationship between the injury and the abuse.
51
However, an action related to a sexual battery
52
offense involving a victim who was under the age of 16
at the time of the act may be commenced at any time, unless the action would have been time barred
on or before July 1, 2010.
53
43
S. 796.07(5)(b)2., F.S.
44
S. 796.07(5)(c), F.S.
45
S. 796.07(5)(d), F.S.
46
S. 796.07(5)(e), F.S.
47
S. 796.07(6), F.S.
48
S. 775.089(1-2), F.S.
49
S. 775.089(8), F.S.
50
As defined in ss. 39.01, 415.102, or 984.03, F.S.
51
S. 95.11(7), F.S.
52
S. 794.011, F.S.
53
S. 95.11(9), F.S.
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Vicarious Liability
“Vicarious liability” means liability that a supervisory party, such as an employer, bears for the
actionable conduct of a subordinate or associate, such as an employee, based on the relationship
between the two parties.
54
Punitive Damages
Punitive damages may be awarded in a civil action only if there is a reasonable showing by evidence in
the record or proffered by the claimant to provide a reasonable basis for recovery of such damages.
55
A
defendant may be held liable for punitive damages only if the trier of fact, based on clear and
convincing evidence,
56
finds that the defendant was personally guilty of intentional misconduct or gross
negligence.
An employer, principal, corporation, or other legal entity may be held liable for punitive damages based
on a claim of vicarious liability for the conduct of an employee or agent only if the employee was found
personally guilty of intentional misconduct or gross negligence and:
The employer, principal, corporation, or other legal entity actively and knowingly participated in
such conduct or engaged in conduct that constituted gross negligence and that contributed to
the loss, damages, or injury suffered by the claimant; or
The officers, directors, or managers of the employer, principal, corporation, or other legal entity
knowingly condoned, ratified, or consented to such conduct.
57
“Intentional misconduct” means that the defendant had actual knowledge of the wrongfulness of the
conduct and the high probability that injury or damage to the claimant would result and, despite that
knowledge, intentionally pursued that course of conduct, resulting in injury or damage.
58
“Gross
negligence” means that the defendant’s conduct was so reckless or wanting in care that it constituted a
conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct.
59
An award of punitive damages may typically not exceed the greater of:
Three times the amount of compensatory damages awarded to each claimant; or
$500,000.
60
However, if the fact finder determines that the wrongful conduct proven under this section was
motivated solely by unreasonable financial gain and determines that the unreasonably dangerous
nature of the conduct, together with the high likelihood of injury resulting from the conduct, was actually
known by the managing agent, director, officer, or other person responsible for making policy decisions
on behalf of the defendant, it may award an amount of punitive damages up to the greater of:
Four times the amount of compensatory damages awarded to each claimant; or
$2 million.
61
Alternatively, if the fact finder determines that at the time of injury the defendant had a specific intent to
harm the claimant and determines that the defendant’s conduct did in fact harm the claimant, there is
no cap on the amount of awardable punitive damages.
62
54
Vicarious Liability, Black’s Law Dictionary (3d pocket ed. 2006).
55
S. 768.72(1), F.S.
56
S. 768.725, F.S.
57
S. 768.72(3), F.S.
58
S. 768.72(2)(a), F.S.
59
S. 768.72(2)(b), F.S.
60
S. 768.73(1)(a), F.S.
61
S. 768.73(1)(b), F.S.
62
S. 768.73(1)(c), F.S.
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Punitive damages generally may not be awarded against a defendant in a civil action if he or she
establishes, before trial, that punitive damages have already been awarded against the defendant in
any state or federal court in any action alleging harm from the same act or single course of conduct for
which the claimant seeks compensatory damages.
63
However, if the court determines by clear and
convincing evidence that the amount of prior punitive damages awarded was insufficient to punish the
defendant’s behavior, the court may permit a jury to consider an award of subsequent punitive
damages.
64
Civil Causes of Action for Human Trafficking Victims
A victim of human trafficking has a federal cause of action under 18 U.S.C. § 1595; such action may be
brought against any perpetrator of trafficking or any person who knowingly benefits from the trafficking
of a victim.
Victims of human trafficking also have a state statutory cause of action under ch. 772, F.S., a chapter
that provides civil remedies for criminal practices. Section 772.103, F.S., makes it unlawful for any
person:
Who has, with criminal intent, received any proceeds derived, directly or indirectly, from a
pattern of criminal activity or through the collection of an unlawful debt, to use or invest, whether
directly or indirectly, any part of such proceeds, or the proceeds derived from the investment or
use thereof, in the acquisition of any title to, or any right, interest, or equity in, real property or in
the establishment or operation of any enterprise.
Through a pattern of criminal activity or through the collection of an unlawful debt, to acquire or
maintain, directly or indirectly, any interest in or control of any enterprise or real property.
Employed by, or associated with, any enterprise to conduct or participate, directly or indirectly,
in such enterprise through a pattern of criminal activity or the collection of an unlawful debt.
To conspire or endeavor to violate any of the actions listed above.
In turn, s. 772.104, F.S., provides a cause of action for any person who proves by clear and convincing
evidence that he or she has been injured by reason of any violation of s. 772.103, F.S., due to human
trafficking. Such injured person is entitled to recover, from the violator, threefold the amount gained
from the human trafficking, or a minimum of $200, and reasonable attorneys fees and court costs.
65
However, no punitive damages may be awarded and the defendant is entitled to attorney fees and
costs if the claim was unsupported.
66
The statute of limitations for an action pursuant to 18 U.S.C. § 1595 is 10 years.
67
The statute of
limitations for an action pursuant to s. 772.104, F.S., due to human trafficking is 5 years.
68
Civil Cause of Action for Person Coerced into Prostitution
Under s. 796.09, F.S., a person has a cause of action for compensatory and punitive damages against:
A person who coerced that person into prostitution;
69
A person who coerces that person to remain in prostitution; or
A person who uses coercion to collect or receive any part of that person’s earnings derived from
prostitution.
70
63
S. 768.73(2)(a), F.S.
64
S. 768.73(2)(b), F.S.
65
S. 772.104(2), F.S.
66
S. 772.104(3), F.S.
67
18 U.S.C. § 1595(2)(c).
68
S. 772.17, F.S.
69
Prostitution has the same meaning as in s. 796.07, F.S.
70
S. 796.09(1), F.S.
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For purposes of s. 796.09, F.S., “coercion” means any practice of domination, restraint, or inducement
for the purpose of, or with the reasonably foreseeable effect of, causing another person to engage in or
remain in prostitution or to relinquish earnings derived from prostitution, and includes, but is not limited
to:
Physical force or threats of physical force.
Physical or mental torture.
Kidnapping.
Blackmail.
Extortion or claims of indebtedness.
Threat of legal complaint or report of delinquency.
Threat to interfere with parental rights or responsibilities, whether by judicial or administrative
action or otherwise.
Promise of legal benefit.
Promise of greater financial rewards.
Promise of marriage.
Restraint of speech or communication with others.
Exploitation of a condition of developmental disability, cognitive limitation, affective disorder, or
substance dependency.
Exploitation of victimization by sexual abuse.
Exploitation of pornographic performance.
Exploitation of human needs for food, shelter, safety, or affection.
71
It is not a defense to a complaint under s. 796.09, F.S., that:
The plaintiff was paid or otherwise compensated for acts of prostitution;
The plaintiff engaged in acts of prostitution prior to any involvement with the defendant; or
The plaintiff made no attempt to escape, flee, or otherwise terminate contact with the
defendant.
72
Adult Theater Proof of Age and Identity Requirements
An “adult theater” is an enclosed building, or an enclosed space within a building, used for presenting
either films, live plays, dances, or other performances that are distinguished or characterized by an
emphasis on matter relating to specific sexual activities for observation by patrons, and which restricts
admission only to adults, or any business that features a person who engages in specific sexual
activities for observation by a patron, and which restricts admission to only adults.
73
Section 450.045, F.S., requires an adult theater to obtain proof of age and identity from each of its
employees or independent contractors and to verify the validity of the identification and age verification
documents with the issuer before the employee or contractor’s employment commences.
74
The theater
must keep on record a copy of the employee or contractor’s driver license or state or federal
government-issued photo identification card, along with a record of the verification of the validity of the
identification and age verification document, during the entire period of employment or business
relationship with the independent contractor, and for at least three years after the employee or
independent contractor ceases employment or the provision of services.
75
The Department of Business and Professional Regulation and its agents have the authority to enter and
inspect an adult theater at any time during operating hours, unannounced and without prior notice, and
to have access to identification and age verification documents kept on file by the adult theater.
76
71
S. 796.09(3), F.S.
72
S. 796.09(5), F.S.
73
S. 847.001(2)(b), F.S.
74
S. 450.045(3)(a), F.S.
75
S. 450.045(3)(b), F.S.
76
S. 450.045(3)(c), F.S.
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An adult theater owner, operator, or manager who knowingly violates s. 450.045, F.S., commits a first-
degree misdemeanor.
77
Criminal Punishment Code
Felony offenses which are subject to the Criminal Punishment Code
78
are listed in a single offense
severity ranking chart (OSRC),
79
which uses 10 offense levels to rank felonies from least severe to
most severe. Each felony offense listed in the OSRC is assigned a level according to the severity of the
offense.
80, 81
A person’s primary offense, any other current offenses, and prior convictions are scored
using the points designated for the offense severity level of each offense.
82, 83
The final score
calculation, following the scoresheet formula, determines the lowest permissible sentence that a trial
court may impose, unless there is a valid reason for departure.
84
Law Enforcement Training
Basic Recruit Training
Section 943.13, F.S., requires all law enforcement officer applicants to complete a Criminal Justice
Standards and Training Commission (Commission)- approved basic recruit training program.
85
An applicant may seek an exemption from completing a basic recruit training program if:
He or she has previously completed a comparable basic recruit training program in this state or
another state or for the federal government and served as a full-time sworn officer in this state or
another state or for the federal government for at least one year, provided there is no more than
an eight-year break in employment; or
He or she served in the special operations forces for a minimum of five years, provided there is no
more than a four-year break from the applicant’s special operations forces experience.
86
The Commission may require any applicant who qualifies for an exemption to complete additional
training as it deems appropriate based on the applicant’s prior training and experience.
87
The applicant
must complete any such additional training within one year after receiving an exemption.
88
Training in Identifying and Investigating Human Trafficking
Within one year after beginning employment, each certified law enforcement officer must successfully
complete four hours of training in identifying and investigating human trafficking.
89
The training must be
developed by the Commission in consultation with the Department of Legal Affairs and the Statewide
77
S. 450.045(3)(d), F.S. A first-degree misdemeanor is punishable by a term of imprisonment not exceeding one year and a $1,000
fine. Ss. 775.082(4)(a) and 775.083(1)(d), F.S.
78
All felony offenses, with the exception of capital felonies, committed on or after October 1, 1998, are subject to the Criminal
Punishment Code. S. 921.002, F.S.
79
S. 921.0022, F.S.
80
S. 921.0022(2), F.S.
81
Felony offenses that are not listed in the OSRC default to statutorily assigned levels, as follows: an unlisted third-degree felony
defaults to a level 1; an unlisted second-degree felony defaults to a level 4; an unlisted first-degree felony defaults to a level 7; an
unlisted first-degree felony punishable by life defaults to a level 9; and an unlisted life felony defaults to a level 10. S. 921.0023, F.S.
82
Ss. 921.0022 and 921.0024, F.S.
83
A person may also accumulate points for factors such as victim injury points, community sanction violation points, and certain
sentencing multipliers. S. 921.0024(1), F.S.
84
If a person scores more than 44 points, the lowest permissible sentence is a specified term of months in state prison, determined by
a formula. If a person scores 44 points or fewer, the court may impose a nonprison sanction, such as a county jail sentence, probation,
or community control. S. 921.0024(2), F.S.
85
S. 943.13(9), F.S.
86
Ss. 943.13(9)(a-b) and 943.131(2), F.S.
87
S. 943.131(3), F.S.
88
S. 943.131(4)(a), F.S.
89
Completion of the training may count toward the 40 hours of instruction for continued employment or appointment. S. 943.17297, F.S.
STORAGE NAME: h7045z.DOCX PAGE: 11
DATE: 5/17/2023
Council on Human Trafficking. If an officer fails to complete the required training, his or her certification
is placed on inactive status until the employing agency notifies the Commission that the officer has
completed the training.
90
FDLE Uniform Crime Report (UCR) System
The Florida Department of Law Enforcement (FDLE) maintains the UCR system, which provides
standardized summary-based reports on crime statistics based on data gathered from across the
state.
91
The UCR system has operated since 1971 and traditionally released a report twice a year
capturing seven crimes, known as the Index Crimes, chosen for the seriousness of the offenses. The
Index Crimes include:
Murder/non-negligent manslaughter.
Sex offenses.
Robbery.
Aggravated assault/aggravated stalking.
Burglary/breaking and entering.
Larceny/theft.
Motor vehicle theft.
92
However, due to the transition to the collection and reporting of more robust and detailed crime data,
known as incident-based reporting, the UCR system has moved away from semiannual reports and
now releases only one report a year.
93
Florida’s Incident-Based Reporting System (FIBRS)
FIBRS is FDLE’S newer incident-based reporting system that collects 56 more offense categories than
summary-based reporting and includes more detailed victim, offender, arrestee, and property data on
each single crime occurrence. Agency crime data is reported monthly and allows agencies to report up
to 10 criminal offenses per incident. FIBRS allows for greater insight into crimes that have been
occurring but have not previously been included in summary reports, such as drug offenses, fraud,
gambling, or human trafficking.
94
USF Trafficking in Persons – Risk to Resilience Lab
The University of South Florida’s (USF) Trafficking in Persons – Risk to Resilience Lab (Lab) is
composed of students and faculty members who address human trafficking from an interdisciplinary
approach, combining criminological, victim-centered, social welfare, mental health, and social justice
perspectives. The Lab:
Conducts research targeting knowledge gaps which impede advances in human trafficking
prevention and intervention;
Shares knowledge and proposes solutions to address human trafficking; and
Provides resources to the Tampa Bay community and key stakeholders through a data
repository for use by human trafficking researchers.
95
90
Id.
91
FDLE, Uniform Crime Reports,
https://www.fdle.state.fl.us/CJAB/UCR#:~:text=FDLE%27s%20Uniform%20Crime%20Report%20%28UCR%29%20system%20provide
s%20standardized,Pages%27%20section%20for%20the%20most%20recently%20released%20documents. (last visited Mar. 20,
2023).
92
FDLE, FIBRS Use of Force Criminal Justice Data Transparency, p.1, https://www.fdle.state.fl.us/Media/Documents/Media-Packet-
FINAL-03212022.aspx#:~:text=FIBRS%20is%20an%20incident-
based%20reporting%20system%20that%20collects,agencies%20to%20identify%20and%20address%20evolving%20crime%20issues.
(last visited Mar. 20, 2023).
93
Id.
94
Supra note 92.
95
USF, Department of Criminology, USF Trafficking in Persons – Risk to Resilience Lab, https://tiplab.cbcs.usf.edu/ (last visited April
18, 2023).
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DATE: 5/17/2023
Effect of the Bill
The bill creates s. 787.061, F.S., to provide a civil cause of action for victims of human trafficking to
recover damages against an adult theater, as defined in s. 847.001(2)(b), F.S., or an owner, operator,
or manager of such theater, that knowingly allows a victim of human trafficking to work, perform, or
dance at the adult theater. The bill includes specific legislative findings to support the creation of the
cause of action. The bill allows the action to be brought in any circuit court in the state.
The bill defines a “victim of human trafficking” as a person subjected to coercion, as defined in s.
787.06(2), F.S., or by any other means, for the purpose of being used in human trafficking; a child
under 18 years of age subjected to human trafficking; or an individual subjected to human trafficking as
defined by federal law.
Damages Recoverable
Under the bill, a victim may recover economic and noneconomic damages; punitive damages, as
provided in ss. 768.72, 768.725, and 768.73, F.S.; reasonable attorney fees; and costs. Under the bill,
economic damages include, but are not limited to:
Past and future medical and mental health expenses;
Repatriation expenses, when a victim elects repatriation; and
All other reasonable costs and expenses incurred by the victim in the past or estimated to be
incurred by the victim in the future as a result of the human trafficking.
Under the bill, noneconomic damages are nonfinancial losses that would not have occurred but for the
victimization, and include:
Pain and suffering;
Inconvenience;
Physical impairment;
Mental anguish;
Disfigurement;
Loss of capacity for enjoyment of life; and
Other nonfinancial losses.
The bill provides that the civil remedies provided for in this new section of law do not preempt any other
remedy or cause of action provided by law, but that a victim may not recover under both this section
and s. 772.104(2), F.S.
Prohibition on Recovery
The bill provides that if the factfinder determines 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 parent or legal guardian to receive any distribution of damages awarded
under this section.
Consolidation
The bill authorizes a court to consolidate civil actions for the same defendant for the purpose of case
resolution and aggregate jurisdiction.
Statute of Limitations
The bill amends s. 95.11, F.S., to provide that an action under this section may be brought as specified
in s. 95.11(7) or (9), F.S., as follows, whichever occurs later:
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DATE: 5/17/2023
Within 7 years after the victim reaches the age of majority;
Within 4 years after the victim leaves the abuser;
Within 4 years from the time of discovery by the victim of both the injury and the causal
relationship between the injury and abuse; or
For victims that were under the age of 16 at the time of the trafficking, at any time.
Criminal Provisions
The bill amends s. 787.06, F.S. to require that:
After satisfying any liens, the proceeds from any real or personal property seized and forfeited
as provided by the Florida Contraband Forfeiture Act, must first be allocated to pay any order of
restitution of a human trafficking victim in the criminal case for which the owner was convicted;
If there are multiple victims, the proceeds must be allocated equally among the victims; and
If restitution is satisfied, any remaining proceeds must be disbursed as required by s.
932.7055(5) – (9), F.S., which directs the funds to be deposited and disbursed for specified
uses, which are generally law enforcement uses.
The bill amends s. 450.045, F.S., to increase the offense for failure of an owner, operator, or manager
of an adult theater to comply with the proof of age and identity verification requirements from a first-
degree misdemeanor to a third-degree felony and removes the language indicating that the violation
must be done “knowingly.” The bill does not rank this offense, and as such, it is ranked as a level 1
offense on the Criminal Punishment Code OSRC.
The bill amends s. 796.07, F.S., to require an offender convicted of soliciting another person to commit
prostitution, in addition to any other penalty imposed, to pay for and attend an educational program, if
one exists in the judicial circuit in which the offender is sentenced, that provides education on the
following:
The relationship between demand for commercial sex and human trafficking.
The impact of human trafficking on victims.
Coercion, consent, and sexual violence.
The health and legal consequences of commercial sex.
The negative impact of commercial sex on prostituted persons and the community.
The reasons and motivations for engaging in prostitution.
The bill authorizes a judicial circuit to establish such a program and allows such a program to be
offered by a faith-based provider.
Law Enforcement Human Trafficking Training
The bill amends s. 943.17297, F.S., to require that each certified law enforcement officer successfully
complete four hours of training in identifying and investigating human trafficking as part of the basic
recruit training of the officer as required pursuant to s. 943.13(9), F.S., or additional training pursuant to
s. 943.131(4), F.S. The training must be developed by the Criminal Justice Standards and Training
Commission in consultation with the Department of Legal Affairs and the Statewide Council on Human
Trafficking.
Statewide Data Repository for Anonymous Human Trafficking Data
The bill creates s. 1004.343, F.S., to establish the Statewide Data Repository for Anonymous Human
Trafficking Data within the University of South Florida’s (USF) Trafficking in Persons – Risk to
Resilience Lab. The bill provides that the repository has the following purposes:
To collect and analyze anonymous human trafficking data to determine the impact of and trends
in human trafficking in the state.
To evaluate the effectiveness of state-funded initiatives to combat human trafficking.
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DATE: 5/17/2023
To inform statewide efforts among law enforcement, state agencies, and other entities
apprehending and prosecuting persons committing human trafficking offenses.
To provide intervention services.
The bill provides the USF faculty and staff assigned to the Lab must:
Design, operate, maintain, and protect the integrity of the repository.
Design the repository in consultation with FDLE and other law enforcement partners.
Make the repository a user-friendly system for uploading anonymous human trafficking data, in
which data can be uploaded quickly and at no additional cost to the required reporting entities.
Analyze the data uploaded to the repository to identify initiatives and interventions that were
successful in combatting human trafficking, including the prosecution of offenders and the
assistance of victims.
Work with law enforcement and state agencies to report data on human trafficking investigations
and prosecutions.
The bill provides that the following agencies and organizations are “required reporting entities”:
Law enforcement agencies operating with state or local government tax proceeds, including, but
not limited to, municipal police departments, county sheriffs’ departments, county attorneys’
offices, and state attorneys’ offices.
FDLE and any other state agencies that hold any data related to human trafficking.
Service providers and other nongovernmental organizations that serve victims of human
trafficking through state or federal funding.
The bill provides that any required reporting agency that submits data from its local jurisdiction to the
UCR system or FIBRS may, but is not required to, also submit additional data to the repository. FDLE
must upload or otherwise share with the repository relevant data reported by local jurisdictions to the
UCR system or FIBRS on at least a quarterly basis.
The bill requires the following human trafficking data to be submitted by the required reporting
agencies:
An alleged offense being investigated or prosecuted, including a description of the alleged
prohibited conduct and the associated case number.
The age, gender, and race or ethnicity of each suspect and victim.
The date, time, and location of the alleged offense.
The type of human trafficking involved.
Any other related prosecution charges.
Information regarding any victim services organization or program to which the victim was
referred.
The disposition of the investigation or prosecution.
The bill requires any required reporting entity located in a county with a population of:
More than 500,000 to begin reporting to the repository, to the UCR system, or to FIBRS on or
before July 1, 2024, and to report at least quarterly thereafter.
500,000 or less to begin reporting to the repository, to the UCR system, or to FIBRS on or
before July 1, 2024, and to report at least biannually thereafter.
The bill requires USF’s Trafficking in Persons – Risk to Resilience Lab to submit an annual report and
analysis on its findings to the Governor, Attorney General, President of the Senate, and Speaker of the
House, beginning July 1, 2025.
Section 1004.343, F.S., will be repealed July 1, 2026, unless reviewed and reenacted by the
Legislature before that date.
The bill will become effective on July 1, 2023.
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II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMEN T
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have an indeterminate positive impact on the revenues of private entities who offer
educational programs relating to human trafficking and commercial sex to the extent they receive
payment from offenders to attend such programs.
D. FISCAL COMMENTS:
The bill may have an indeterminate negative impact on state and local governments to the extent that
fewer proceeds from contraband forfeiture are disbursed to law enforcement agencies and related
funds, due to the new requirement that the proceeds first be allocated to pay orders of restitution for
human trafficking victims.
The bill may have an indeterminate positive impact on jail and prison beds by increasing the offense
level for failure of an adult theater owner, operator, or manager to comply with proof of age and identity
requirements to a third-degree felony, which may result in more jail and prison admissions.
The bill may also have an indeterminate negative impact on state expenditures due to costs required to
establish educational programs relating to human trafficking and commercial sex. However, some costs
may be offset by the requirement for offenders to pay for their attendance in the program. The bill does
not, however, require the establishment of any new education programs.
The bill may also have an indeterminate negative fiscal impact on USF as a result of the costs required
to establish, operate, and maintain the data repository and related services.