FL
Florida House Bill H7045

Florida 2023 Regular Session

Florida House Bill H7045 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to human trafficking, prostitution, 2
1616 and lewdness; amending s. 95.11, F.S.; conforming 3
1717 provisions to changes made by the act; amending s. 4
1818 450.045, F.S.; increasing criminal penalties for 5
1919 specified offenses involving adult theaters; creating 6
2020 s. 787.061, F.S.; providing legislative findings; 7
2121 providing definitions; providing a civil cause of 8
22-action for victims of human trafficking against 9
23-certain entities; providing procedures and 10
22+action against a trafficker or facilitator by victims 9
23+of human trafficking; providing procedures and 10
2424 requirements for claims; providing for damages, 11
2525 penalties, punitive damages, attorney fees, expenses, 12
2626 and costs; providing a statute of limitations; 13
27-amending s. 796.07, F.S.; authorizing judicial 14
28-circuits to establish educational programs for persons 15
29-convicted of or charged with certain violations; 16
30-specifying contents o f such programs; providing that 17
31-such programs may be offered by faith -based providers; 18
32-amending s. 943.17297, F.S.; revising requirements for 19
33-law enforcement training in identifying and 20
34-investigating human trafficking; creating s. 1004.343, 21
35-F.S.; creating the Statewide Data Repository for 22
36-Anonymous Human Trafficking Data at the University of 23
37-South Florida; providing purposes of the data 24
38-repository; specifying duties of university faculty 25
27+providing an affirmative defense for owners or 14
28+operators of public lodging establishments under 15
29+certain circumstances; amending s. 796.07, F.S.; 16
30+authorizing judicial circuits to establish educational 17
31+programs for persons convicted of or charged with 18
32+certain violations; specifying contents of such 19
33+programs; providing that such programs may be offered 20
34+by faith-based providers; amending s. 943.17297, F.S.; 21
35+revising requirements for law enforcement training in 22
36+identifying and investigating human trafficking; 23
37+creating s. 1004.343, F.S.; creating the Statewide 24
38+Data Repository for Anonymous Human Trafficking Data 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51-and staff; designating required reporting entities; 26
52-requiring specified information to be reported; 27
53-providing for reporting; providing for future repeal; 28
54-providing an effective date. 29
55- 30
56-Be It Enacted by the Legislature of the State of Florida: 31
51+at the University of South Florida; providing purposes 26
52+of the data repository; specifying duties of 27
53+university faculty and staff; designating required 28
54+reporting entities; requiring specified information to 29
55+be reported; providing for reporting; providing an 30
56+effective date. 31
5757 32
58- Section 1. Subsections (7) and (9) of section 95.11, 33
59-Florida Statutes, are amended to read: 34
60- 95.11 Limitations other than for the recovery of real 35
61-property.—Actions other than for recovery of real property shall 36
62-be commenced as follows: 37
63- (7) FOR INTENTIONAL TORTS BASED ON ABUSE. —An action 38
64-founded on alleged abuse, as defined in s. 39.01, s. 415.102, or 39
65-s. 984.03;, or incest, as defined in s. 826.04 ;, or an action 40
66-brought pursuant to s. 787.061, may be commenced at any time 41
67-within 7 years after the age of majority, or within 4 years 42
68-after the injured person leaves the dependency of the abuser, or 43
69-within 4 years from the time of discovery by the injured party 44
70-of both the injury and the causal relationship between the 45
71-injury and the abuse, whichever occurs later. 46
72- (9) SPECIFIED SEXUAL BATTERY OFFENSES ON VICTIMS UNDER AGE 47
73-16.—An action related to an act constituting a violation of s. 48
74-794.011 or an action brought pursuant to s. 787.061 involving a 49
75-victim who was under the age of 16 at the time of the act may be 50
58+Be It Enacted by the Legislature of th e State of Florida: 33
59+ 34
60+ Section 1. Subsections (7) and (9) of section 95.11, 35
61+Florida Statutes, are amended to read: 36
62+ 95.11 Limitations other than for the recovery of real 37
63+property.—Actions other than for recovery of real property shall 38
64+be commenced as follows: 39
65+ (7) FOR INTENTIONAL TORTS BASED ON ABUSE. —An action 40
66+founded on alleged abuse, as defined in s. 39.01, s. 415.102, or 41
67+s. 984.03;, or incest, as defined in s. 826.04 ;, or an action 42
68+brought pursuant to s. 787.061, may be commenced at any time 43
69+within 7 years after the age of majority, or within 4 years 44
70+after the injured person leaves the dependency of the abuser, or 45
71+within 4 years from the time of discovery by the injured party 46
72+of both the injury and the causal relationship between the 47
73+injury and the abuse, whichever occurs later. 48
74+ (9) SPECIFIED SEXUAL BATTERY OFFENSES ON VICTIMS UNDER AGE 49
75+16.—An action related to an act constituting a violation of s. 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88-commenced at any time. This subsection applies to any such 51
89-action other than one which would have been time barred on or 52
90-before July 1, 2010. 53
91- Section 2. Paragraph (d) of subsection (3) of section 54
92-450.045, Florida Statutes, is amended, and paragraphs (a), (b), 55
93-and (c) of that subsection are republished, to read: 56
94- 450.045 Proof of identity and age; posting of notices. — 57
95- (3)(a) In order to provide the department and law 58
96-enforcement agencies the means to more effectively identify, 59
97-investigate, and arrest persons engaging in human trafficking, 60
98-an adult theater, as defined in s. 847.001(2)(b), shall obtain 61
99-proof of the identity and age of each of its employees or 62
100-independent contractors, and shall verify the validity of the 63
101-identification and age verification document with the issuer, 64
102-before his or her employment or provision of services as an 65
103-independent contractor. 66
104- (b) The adult theater shall obtain and keep on record a 67
105-photocopy of the person's driver license or state or federal 68
106-government-issued photo identification card, along with a record 69
107-of the verification of the validi ty of the identification and 70
108-age verification document with the issuer, during the entire 71
109-period of employment or business relationship with the 72
110-independent contractor and for at least 3 years after the 73
111-employee or independent contractor ceases employment or the 74
112-provision of services. 75
88+794.011 or an action brought pursuant to s. 787.061 involving a 51
89+victim who was under the age of 16 at the time of the act may be 52
90+commenced at any time. This subsection applies to any such 53
91+action other than one which would have been time barred on or 54
92+before July 1, 2010. 55
93+ Section 2. Paragraph (d) of subsection (3) of section 56
94+450.045, Florida Statutes, is amended, and paragraphs (a), (b), 57
95+and (c) of that subsection are republished, to read: 58
96+ 450.045 Proof of identity and age; posting of notices. — 59
97+ (3)(a) In order to provide the department and law 60
98+enforcement agencies the means to more effectively identif y, 61
99+investigate, and arrest persons engaging in human trafficking, 62
100+an adult theater, as defined in s. 847.001(2)(b), shall obtain 63
101+proof of the identity and age of each of its employees or 64
102+independent contractors, and shall verify the validity of the 65
103+identification and age verification document with the issuer, 66
104+before his or her employment or provision of services as an 67
105+independent contractor. 68
106+ (b) The adult theater shall obtain and keep on record a 69
107+photocopy of the person's driver license or state or federa l 70
108+government-issued photo identification card, along with a record 71
109+of the verification of the validity of the identification and 72
110+age verification document with the issuer, during the entire 73
111+period of employment or business relationship with the 74
112+independent contractor and for at least 3 years after the 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125- (c) The department and its agents have the authority to 76
126-enter during operating hours, unannounced and without prior 77
127-notice, and inspect at any time a place or establishment covered 78
128-by this subsection and to have access to ag e verification 79
129-documents kept on file by the adult theater and such other 80
130-records as may aid in the enforcement of this subsection. 81
131- (d) A person who owns, operates, or manages an adult 82
132-theater owner, operator, or manager who knowingly violates this 83
133-subsection commits a felony of misdemeanor in the third first 84
134-degree, punishable as provided in s. 775.082 , or s. 775.083, or 85
135-s. 775.084. 86
136- Section 3. Section 787.061, Florida Statutes, is created 87
137-to read: 88
138- 787.061 Civil actions by victims of human trafficki ng.— 89
139- (1) FINDINGS.-The Legislature finds that it is necessary 90
140-to provide a civil cause of action for the recovery of specified 91
141-damages and costs in order to achieve the intent of the 92
142-Legislature relating to human trafficking as expressed in s. 93
143-787.06(1)(d). 94
144- (2) DEFINITIONS.—As used in this section, the term: 95
145- (a) "Human trafficking" has the same meaning as provided 96
146-in s. 787.06(2). 97
147- (b) "Victim of human trafficking" means a person subjected 98
148-to coercion, as defined in s. 787.06(2), or by any other means, 99
149-for the purpose of being used in human trafficking; a child 100
125+employee or independent contractor ceases employment or the 76
126+provision of services. 77
127+ (c) The department and its agents have the authority to 78
128+enter during operating hours, unannounced and without prior 79
129+notice, and inspect at any time a place or establishment covered 80
130+by this subsection and to have access to age verification 81
131+documents kept on file by the adult theater and such other 82
132+records as may aid in the enforcement of this subsection. 83
133+ (d) A person who owns, operates, or manages an adult 84
134+theater owner, operator, or manager who knowingly violates this 85
135+subsection commits a felony of misdemeanor in the third first 86
136+degree, punishable as provided in s. 775.082 , or s. 775.083, or 87
137+s. 775.084. 88
138+ Section 3. Section 787.061, Florida Statutes, is created 89
139+to read: 90
140+ 787.061 Civil actions by victims of human trafficking. — 91
141+ (1) FINDINGS.-The Legislature finds that it is necessary 92
142+to provide a civil cause of action for the recovery of specified 93
143+damages and costs in order to achieve the intent of the 94
144+Legislature relating to human trafficking as expressed in s. 95
145+787.06(1)(d). 96
146+ (2) DEFINITIONS.—As used in this section, the term: 97
147+ (a) "Facilitator" means a person who knowingly, or through 98
148+gross negligence, assists or provides goods or services to a 99
149+trafficker that aids or enables the trafficker to carry out 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162-under 18 years of age subjected to human trafficking; or an 101
163-individual subjected to human trafficking as defined by federal 102
164-law. 103
165- (3) CIVIL CAUSE OF ACTION. — 104
166- (a) A victim of human trafficking has a civil cause of 105
167-action against an adult theater, as defined in s. 847.001(2)(b), 106
168-or an owner, operator, or manager of such theater, that 107
169-knowingly allows a victim of human trafficking to work, perform, 108
170-or dance at the adult theater. Such victim may recov er damages 109
171-as provided in this section. 110
172- (b) The action may be brought in any circuit court of 111
173-competent jurisdiction in this state. 112
174- (c) A victim who prevails in any such action may recover 113
175-economic and noneconomic damages; punitive damages, as provided 114
176-in ss. 768.72, 768.725, and 768.73; reasonable attorney fees; 115
177-and costs. 116
178- 1. Economic damages include, but are not limited to, past 117
179-and future medical and mental health expenses; repatriation 118
180-expenses, when a victim elects repatriation; and all other 119
181-reasonable costs and expenses incurred by the victim in the past 120
182-or estimated to be incurred by the victim in the future as a 121
183-result of the human trafficking. 122
184- 2. Noneconomic damages are nonfinancial losses that would 123
185-not have occurred but for the victimiza tion, and include pain 124
186-and suffering, inconvenience, physical impairment, mental 125
162+human trafficking. Th e term includes an adult entertainment 101
163+establishment, as defined in s. 847.001(2), that allows a victim 102
164+of human trafficking to work, perform, or dance at an 103
165+establishment. The term does not include a person who 104
166+facilitates human trafficking while under du ress, whether due to 105
167+force, threat, or coercion. 106
168+ (b) "Gross negligence" exists when a person has knowledge 107
169+of information that would raise suspicions in a reasonable 108
170+person and he or she deliberately refrains from obtaining 109
171+confirmation of or acting on t he information because he or she 110
172+wants to remain ignorant, such that having and avoiding such 111
173+knowledge or information can reasonably and fairly be imputed to 112
174+the person who avoided obtaining such confirmation. 113
175+ (c) "Human trafficking" has the same meanin g as provided 114
176+in s. 787.06(2). 115
177+ (d) "Trafficker" means any person who: 116
178+ 1. Knowingly engages in human trafficking; 117
179+ 2. Attempts to engage in human trafficking; or 118
180+ 3. Benefits financially by receiving anything of value 119
181+from participation in a group of two or more individuals 120
182+associated in fact, regardless of whether such group constitutes 121
183+a legal entity, that has subjected a person to human 122
184+trafficking. 123
185+ (e) "Victim of human trafficking" means a person subjected 124
186+to coercion, as defined in s. 787.06(2), or by any other means, 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199-anguish, disfigurement, loss of capacity for enjoyment of life, 126
200-and other nonfinancial losses. 127
201- (d) The civil remedies provided for in this section do not 128
202-preempt any other remedy or cause of action provided by law, 129
203-except that a victim may not recover against the same defendant 130
204-under both this section and s. 772.104(2). 131
205- (e) If the factfinder determines a parent or legal 132
206-guardian knowingly trafficked the victim, facilitated such 133
207-trafficking, or otherwise participated in the human trafficking 134
208-of the victim, the court may not allow such parent or legal 135
209-guardian to receive any distribution of damages awarded under 136
210-this section. 137
211- (f) The court shall have specific authority to co nsolidate 138
212-civil actions for the same defendant for the purpose of case 139
213-resolution and aggregate jurisdiction. 140
214- (4) STATUTE OF LIMITATIONS. —The statute of limitations as 141
215-specified in s. 95.11(7) or (9), as applicable, governs an 142
216-action brought under this s ection. 143
217- Section 4. Paragraph (b) of subsection (5) of section 144
218-796.07, Florida Statutes, is amended, subsection (8) is added to 145
219-that section, and paragraph (f) of subsection (2) and paragraph 146
220-(a) of subsection (5) of that section are republished, to rea d: 147
221- 796.07 Prohibiting prostitution and related acts. — 148
222- (2) It is unlawful: 149
223- (f) To solicit, induce, entice, or procure another to 150
199+for the purpose of being used in human trafficking; a child 126
200+under 18 years of age subjected to human trafficking; or an 127
201+individual subjected to human trafficking as defined by federal 128
202+law. 129
203+ (3) CIVIL CAUSE OF ACTION. — 130
204+ (a) A victim of human trafficking has a civil cause of 131
205+action against a trafficker or facilitator who victimized her or 132
206+him and may recover damages as provided in this section. 133
207+ (b) The action may be brought in any circuit court of 134
208+competent jurisdiction in this sta te. 135
209+ (c) A victim who prevails in any such action may recover 136
210+economic and noneconomic damages; punitive damages, as provided 137
211+in ss. 768.72, 768.725, and 768.73; reasonable attorney fees; 138
212+and costs. 139
213+ 1. Economic damages include, but are not limited to, p ast 140
214+and future medical and mental health expenses; repatriation 141
215+expenses, when a victim elects repatriation; and all other 142
216+reasonable costs and expenses incurred by the victim in the past 143
217+or estimated to be incurred by the victim in the future as a 144
218+result of the human trafficking. 145
219+ 2. Noneconomic damages are nonfinancial losses that would 146
220+not have occurred but for the victimization, and include pain 147
221+and suffering, inconvenience, physical impairment, mental 148
222+anguish, disfigurement, loss of capacity for enjo yment of life, 149
223+and other nonfinancial losses. 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236-commit prostitution, lewdness, or assignation. 151
237- (5)(a) A person who violates paragraph (2)(f) commits: 152
238- 1. A misdemeanor of the first degree for a first 153
239-violation, punishable as provided in s. 775.082 or s. 775.083. 154
240- 2. A felony of the third degree for a second violation, 155
241-punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 156
242- 3. A felony of the second degree fo r a third or subsequent 157
243-violation, punishable as provided in s. 775.082, s. 775.083, or 158
244-s. 775.084. 159
245- (b) In addition to any other penalty imposed, the court 160
246-shall order a person convicted of a violation of paragraph 161
247-(2)(f) to: 162
248- 1. Perform 100 hours of co mmunity service.; and 163
249- 2. Pay for and attend an educational program as described 164
250-in subsection (8), about the negative effects of prostitution 165
251-and human trafficking, such as a sexual violence prevention 166
252-education program, including such programs offered b y faith-167
253-based providers, if such a program exists programs exist in the 168
254-judicial circuit in which the offender is sentenced. 169
255- (8)(a) A judicial circuit may establish an educational 170
256-program for persons convicted of or charged with a violation of 171
257-paragraph (2)(f), to include education on: 172
258- 1. The relationship between demand for commercial sex and 173
259-human trafficking. 174
260- 2. The impact of human trafficking on victims. 175
236+ (d) The civil remedies provided for in this section do not 151
237+preempt any other remedy or cause of action provided by law, 152
238+except that a victim may not recover under both this section and 153
239+s. 772.104(2). 154
240+ (e) If the factfinder determines a parent or legal 155
241+guardian knowingly or through gross negligence trafficked the 156
242+victim, facilitated such trafficking, or otherwise participated 157
243+in the human trafficking of the victim, the court may not allow 158
244+such parent or legal guardian to receive any distribution of 159
245+damages awarded under this section. 160
246+ (f) The court shall have specific authority to consolidate 161
247+civil actions for the same trafficker or facilitator for the 162
248+purpose of case resolution and aggregate jurisdiction. 163
249+ (4) STATUTE OF LIMITATIONS. —The statute of limitations as 164
250+specified in s. 95.11(7) or (9), as applicable, governs an 165
251+action brought under this section. 166
252+ (5) AFFIRMATIVE DEFENSE. —In any action brought under this 167
253+section against the owner or operator of a public lodging 168
254+establishment based on a claim of vicarious liability, it is an 169
255+affirmative defense if the owner or operator proves that: 170
256+ (a) Employees of the establishment have received human 171
257+trafficking awareness training in accordance with s. 509.096 a nd 172
258+rules adopted thereunder. 173
259+ (b) The owner or operator had in place an effective 174
260+employee protocol or employee code of conduct to detect and 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273- 3. Coercion, consent, and sexual violence. 176
274- 4. The health and legal consequences of commercial sex. 177
275- 5. The negative impact of commercial sex on prostituted 178
276-persons and the community. 179
277- 6. The reasons and motivations for engaging in 180
278-prostitution. 181
279- (b) An educational program may include a program offered 182
280-by a faith-based provider. 183
281- Section 5. Section 943.17297, Florida Statutes, is amended 184
282-to read: 185
283- 943.17297 Continuing employment Training in identifying 186
284-and investigating human trafficking. —Within 1 year after 187
285-beginning employment, Each certified law enforcement officer 188
286-must successfully complete 4 hours of training in identifying 189
287-and investigating human trafficking as part of the basic recruit 190
288-training of the officer required in s. 943.13(9) or additional 191
289-training required in s. 943.131(4) . Completion of the training 192
290-component may count toward the 40 hours of instruction for 193
291-continued employment or appointment as a law enforcement officer 194
292-required under s. 943.135. This training component must be 195
293-completed by current law enforcement officers by July 1, 2022. 196
294-The training must be develo ped by the commission in consultation 197
295-with the Department of Legal Affairs and the Statewide Council 198
296-on Human Trafficking. If an officer fails to complete the 199
297-required training, his or her certification must be placed on 200
273+report suspected human trafficking to the National Human 176
274+Trafficking Hotline or to a local law enforcement agency in 177
275+accordance with s. 509.096. 178
276+ (c) The owner or operator has posted a human trafficking 179
277+public awareness sign in a conspicuous location in the 180
278+establishment in accordance with s. 509.096. 181
279+ (d) The owner or operator exercised reasonable care and 182
280+diligence in screening, training, overseeing, and supervising 183
281+any employee alleged in the action to have been facilitators of, 184
282+or otherwise participants in, human trafficking and made a 185
283+reasonable attempt to ensure such employees complied with the 186
284+recommendations and practices suggested or required in the 187
285+training, protocols, or policies required by this subsection. 188
286+ Section 4. Paragraph (b) of subsection (5) of section 189
287+796.07, Florida Statutes, is amended, subsection (8) is added to 190
288+that section, and paragraph (f) of subsection (2) and paragraph 191
289+(a) of subsection (5) of that section are republished, to read: 192
290+ 796.07 Prohibiting prostitution and related acts. — 193
291+ (2) It is unlawful: 194
292+ (f) To solicit, induce, entice, or procure another to 195
293+commit prostitution, lewdness, or assignation. 196
294+ (5)(a) A person who violates paragraph (2)(f) commits: 197
295+ 1. A misdemeanor of the first degree for a first 198
296+violation, punishable as provided in s. 775.082 or s. 775.083. 199
297+ 2. A felony of the third degree for a second violation, 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310-inactive status until the employing agency notifies the 201
311-commission that the officer has completed the training. 202
312- Section 6. Section 1004.343, Florida Statutes, is created 203
313-to read: 204
314- 1004.343 Statewide Data Repository for Anonymous Human 205
315-Trafficking Data.— 206
316- (1) The University of South Fl orida Trafficking in Persons 207
317-- Risk to Resilience Lab shall house and operate the state's 208
318-unified Statewide Data Repository for Anonymous Human 209
319-Trafficking Data. 210
320- (a) The purposes of the data repository are to: 211
321- 1. Collect and analyze anonymous human tra fficking data to 212
322-better understand the magnitude and trends in human trafficking 213
323-in the state over time. 214
324- 2. Help evaluate the effectiveness of various state -funded 215
325-initiatives to combat human trafficking to determine the impact 216
326-of such initiatives and to use evidence-based decision-making in 217
327-the determination of state investments in such initiatives. 218
328- 3. To inform statewide efforts among law enforcement, 219
329-state agencies, and other entities to combat human trafficking 220
330-and apprehend and prosecute those pers ons responsible for human 221
331-trafficking. 222
332- 4. To better serve victims of human trafficking through 223
333-evidence-based interventions that have proven effective. 224
334- (b) University of South Florida faculty and staff assigned 225
310+punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 201
311+ 3. A felony of the second degree for a third or subsequent 202
312+violation, punishable as provided in s. 775.082, s. 775.083, or 203
313+s. 775.084. 204
314+ (b) In addition to any other penalty imposed, the cou rt 205
315+shall order a person convicted of a violation of paragraph 206
316+(2)(f) to: 207
317+ 1. Perform 100 hours of community service .; and 208
318+ 2. Pay for and attend an educational program as described 209
319+in subsection (8), about the negative effects of prostitution 210
320+and human trafficking, such as a sexual violence prevention 211
321+education program, including such programs offered by faith -212
322+based providers, if such a program exists programs exist in the 213
323+judicial circuit in which the offender is sentenced. 214
324+ (8)(a) A judicial circuit ma y establish an educational 215
325+program for persons convicted of or charged with a violation of 216
326+paragraph (2)(f), to include education on: 217
327+ 1. The relationship between demand for commercial sex and 218
328+human trafficking. 219
329+ 2. The impact of human trafficking on vic tims. 220
330+ 3. Coercion, consent, and sexual violence. 221
331+ 4. The health and legal consequences of commercial sex. 222
332+ 5. The negative impact of commercial sex on prostituted 223
333+persons and the community. 224
334+ 6. The reasons and motivations for engaging in 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
344344
345345
346346
347-to the lab shall: 226
348- 1. Design, operate, m aintain, and protect the integrity of 227
349-the statewide human trafficking data repository. 228
350- 2. Design, in consultation with the Department of Law 229
351-Enforcement and other law enforcement partners, and launch a 230
352-user-friendly system for uploading anonymous human t rafficking 231
353-data to the repository in a manner that can be accomplished 232
354-quickly and at no additional cost to the required reporting 233
355-entities. 234
356- 3. Analyze such data to identify initiatives and 235
357-interventions that worked best in combatting human trafficking, 236
358-prosecuting individuals conducting human trafficking, and 237
359-assisting victims of human trafficking. 238
360- 4. Work with law enforcement and state agencies to report 239
361-data on human trafficking investigations and prosecutions that 240
362-can aid those agencies in combattin g human trafficking and 241
363-prosecuting those individuals responsible for human trafficking. 242
364- (2)(a) The following agencies and organizations are 243
365-considered required reporting entities under this section: 244
366- 1. Law enforcement agencies operating with state or local 245
367-government tax proceeds, including, but not limited to, 246
368-municipal police departments, county sheriff's departments, 247
369-county attorney's offices, and state attorney's offices. 248
370- 2. The Department of Law Enforcement and any other state 249
371-agencies that hold any data related to human trafficking. 250
347+prostitution. 226
348+ (b) An educational program may include a program offered 227
349+by a faith-based provider. 228
350+ Section 5. Section 943.17297, Florida Statutes, is amended 229
351+to read: 230
352+ 943.17297 Continuing employment Training in identifying 231
353+and investigating human trafficking. —Within 1 year after 232
354+beginning employment, Each certified law enforcement officer 233
355+must successfully complete 4 hours of training in identifying 234
356+and investigating human trafficking as part of the basic recruit 235
357+training of the officer required in s. 943.13(9) o r additional 236
358+training required in s. 943.131(4) . Completion of the training 237
359+component may count toward the 40 hours of instruction for 238
360+continued employment or appointment as a law enforcement officer 239
361+required under s. 943.135. This training component must be 240
362+completed by current law enforcement officers by July 1, 2022. 241
363+The training must be developed by the commission in consultation 242
364+with the Department of Legal Affairs and the Statewide Council 243
365+on Human Trafficking. If an officer fails to complete the 244
366+required training, his or her certification must be placed on 245
367+inactive status until the employing agency notifies the 246
368+commission that the officer has completed the training. 247
369+ Section 6. Section 1004.343, Florida Statutes, is created 248
370+to read: 249
371+ 1004.343 Statewide Data Repository for Anonymous Human 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384- 3. Service providers and other nongovernmental 251
385-organizations that serve victims of human trafficking through 252
386-state or federal funding for such purpose. 253
387- (b) Notwithstanding paragraph (a), any required reporting 254
388-entity that submits the data required under subsection (3) from 255
389-its local jurisdiction to the Department of Law Enforcement's 256
390-Uniform Crime Report (UCR) system or Florida Incident -Based 257
391-Reporting System (FIBRS) may, but is not required to, submit any 258
392-additional data to the statewide human trafficking data 259
393-repository. However, the Department of Law Enforcement shall 260
394-upload or otherwise share with the statewide human trafficking 261
395-data repository, at least quarterly, the relevant data required 262
396-by this section that has been reported by local jurisdictions to 263
397-the UCR system and the FIBRS. 264
398- (3) The following human trafficking data shall be 265
399-submitted by required reporting entities to the statewide human 266
400-trafficking data repository unless such entity is exempt from 267
401-the reporting under paragraph (2)(b): 268
402- (a) The alleged offense that was being investigated or 269
403-prosecuted and a description of the alleged prohibited conduct. 270
404- (b) The age, gender, and race or ethnicity of each suspect 271
405-and victim and the case number associa ted with that suspect and 272
406-victim. 273
407- (c) The date, time, and location of the alleged offense. 274
408- (d) The type of human trafficking involved. 275
384+Trafficking Data.— 251
385+ (1) The University of South Florida Trafficking in Persons 252
386+- Risk to Resilience Lab shall house and operate the state's 253
387+unified Statewide Data Repository for Anonymous Human 254
388+Trafficking Data. 255
389+ (a) The purposes of the data repository are to: 256
390+ 1. Collect and analyze anonymous human trafficking data to 257
391+better understand the magnitude and trends in human trafficking 258
392+in the state over time. 259
393+ 2. Help evaluate the effectiveness of various state -funded 260
394+initiatives to combat human trafficking to determine the impact 261
395+of such initiatives and to use evidence -based decisionmaking in 262
396+the determination of state investments in such initiatives. 263
397+ 3. To inform statewide efforts among law enforcement, 264
398+state agencies, and other entities to combat human trafficking 265
399+and apprehend and prosecute those persons responsible for human 266
400+trafficking. 267
401+ 4. To better serve victims of human trafficking through 268
402+evidence-based interventions that have proven effective. 269
403+ (b) University of South Florida faculty and staff assigned 270
404+to the lab shall: 271
405+ 1. Design, operate, maintain, and protect the integrity of 272
406+the statewide human trafficking data repository. 273
407+ 2. Design, in consultation with the Department of Law 274
408+Enforcement and other law enforcement partners, and launch a 275
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417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421- (e) Any other related prosecution charges. 276
422- (f) Information regarding any victim services organization 277
423-or program to which the victim was referred, if available. 278
424- (g) The disposition of the investigation or prosecution, 279
425-regardless of its manner of disposition. 280
426- (4)(a) A required reporting entity located in a county 281
427-with a population of more than 500,000 must begin r eporting its 282
428-jurisdiction's human trafficking data required by this section 283
429-to the statewide human trafficking data repository, or to the 284
430-UCR system or the FIBRS, on or before July 1, 2023, and at least 285
431-quarterly each year thereafter. 286
432- (b) A required repo rting entity located in a county with a 287
433-population of 500,000 or fewer must begin reporting its 288
434-jurisdiction's human trafficking data required by this section 289
435-to the statewide human trafficking data repository, or to the 290
436-UCR system or the FIBRS, on or befo re July 1, 2024, and at least 291
437-biannually each year thereafter. 292
438- (5) Beginning July 1, 2024, and annually thereafter, 293
439-University of South Florida Trafficking in Persons - Risk to 294
440-Resilience Lab, shall submit an annual report and analysis on 295
441-its findings to the Governor, the Attorney General, the 296
442-President of the Senate and the Speaker of the House of 297
443-Representatives. 298
444- (6) This section is repealed July 1, 2026, unless reviewed 299
445-and reenacted by the Legislature before that date. 300
421+user-friendly system for uploading anonymous human trafficking 276
422+data to the repository in a manner that can be accomplished 277
423+quickly and at no additional cost to the required reporting 278
424+entities. 279
425+ 3. Analyze such data to identify initiatives and 280
426+interventions that worked best in combatting human trafficking, 281
427+prosecuting individuals conducting human trafficking, and 282
428+assisting victims of human trafficking. 283
429+ 4. Work with law enforcement and state agencies to report 284
430+data on human trafficking investigations and prosecutions that 285
431+can aid those agencies in combatting human trafficking and 286
432+prosecuting those individuals responsible for human trafficking. 287
433+ (2)(a) The following agencies and organizations are 288
434+considered required r eporting entities under this section: 289
435+ 1. Law enforcement agencies operating with state or local 290
436+government tax proceeds, including, but not limited to, 291
437+municipal police departments, county sheriff's departments, 292
438+county attorney's offices, and state attor ney's offices. 293
439+ 2. The Department of Law Enforcement and any other state 294
440+agencies that hold any data related to human trafficking. 295
441+ 3. Service providers and other nongovernmental 296
442+organizations that serve victims of human trafficking through 297
443+state or federal funding for such purpose. 298
444+ (b) Notwithstanding paragraph (a), any required reporting 299
445+entity that submits the data required under subsection (3) from 300
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458- Section 7. This act shall take effect July 1, 2023. 301
458+its local jurisdiction to the Department of Law Enforcement's 301
459+Uniform Crime Report (UCR) system or Flo rida Incident-Based 302
460+Reporting System (FIBRS) may, but is not required to, submit any 303
461+additional data to the statewide human trafficking data 304
462+repository. However, the Department of Law Enforcement shall 305
463+upload or otherwise share with the statewide human tra fficking 306
464+data repository, at least quarterly, the relevant data required 307
465+by this section that has been reported by local jurisdictions to 308
466+the UCR system and the FIBRS. 309
467+ (3) The following human trafficking data shall be 310
468+submitted by required reporting enti ties to the statewide human 311
469+trafficking data repository unless such entity is exempt from 312
470+the reporting under paragraph (2)(b): 313
471+ (a) The alleged offense that was being investigated or 314
472+prosecuted and a description of the alleged prohibited conduct. 315
473+ (b) The age, gender, and race or ethnicity of each suspect 316
474+and victim and the case number associated with that suspect and 317
475+victim. 318
476+ (c) The date, time, and location of the alleged offense. 319
477+ (d) The type of human trafficking involved. 320
478+ (e) Any other related prosecution charges. 321
479+ (f) Information regarding any victim services organization 322
480+or program to which the victim was referred, if available. 323
481+ (g) The disposition of the investigation or prosecution, 324
482+regardless of its manner of disposition. 325
483+
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491+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
492+
493+
494+
495+ (4)(a) A required reporting entity located in a county 326
496+with a population of more than 500,000 must begin reporting its 327
497+jurisdiction's human trafficking data required by this section 328
498+to the statewide human trafficking data repository, or to the 329
499+UCR system or the FIBRS, on or before July 1, 2023, and at least 330
500+quarterly each year thereafter. 331
501+ (b) A required reporting entity located in a county with a 332
502+population of 500,000 or fewer must begin reporting its 333
503+jurisdiction's human trafficking data required by this section 334
504+to the statewide human trafficking data repository, or to the 335
505+UCR system or the FIBRS, on or before July 1, 2024, and at least 336
506+biannually each year thereafter. 337
507+ (5) Beginning July 1, 2024, and annually thereafter, 338
508+University of South Florida Trafficking in Pe rsons - Risk to 339
509+Resilience Lab, shall submit an annual report and analysis on 340
510+its findings to the Governor, the Attorney General, the 341
511+President of the Senate and the Speaker of the House of 342
512+Representatives. 343
513+ Section 7. This act shall take effect July 1, 2023. 344