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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 for victims of human trafficking against 9
certain entities; 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
amending s. 796.07, F.S.; authorizing judicial 14
circuits to establish educational programs for persons 15
convicted of or charged with certain violations; 16
specifying contents o f such programs; providing that 17
such programs may be offered by faith -based providers; 18
amending s. 943.17297, F.S.; revising requirements for 19
law enforcement training in identifying and 20
investigating human trafficking; creating s. 1004.343, 21
F.S.; creating the Statewide Data Repository for 22
Anonymous Human Trafficking Data at the University of 23
South Florida; providing purposes of the data 24
repository; specifying duties of university faculty 25
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and staff; designating required reporting entities; 26
requiring specified information to be reported; 27
providing for reporting; providing for future repeal; 28
providing an effective date. 29
30
Be It Enacted by the Legislature of the State of Florida: 31
32
Section 1. Subsections (7) and (9) of section 95.11, 33
Florida Statutes, are amended to read: 34
95.11 Limitations other than for the recovery of real 35
property.—Actions other than for recovery of real property shall 36
be commenced as follows: 37
(7) FOR INTENTIONAL TORTS BASED ON ABUSE. —An action 38
founded on alleged abuse, as defined in s. 39.01, s. 415.102, or 39
s. 984.03;, or incest, as defined in s. 826.04 ;, or an action 40
brought pursuant to s. 787.061, may be commenced at any time 41
within 7 years after the age of majority, or within 4 years 42
after the injured person leaves the dependency of the abuser, or 43
within 4 years from the time of discovery by the injured party 44
of both the injury and the causal relationship between the 45
injury and the abuse, whichever occurs later. 46
(9) SPECIFIED SEXUAL BATTERY OFFENSES ON VICTIMS UNDER AGE 47
16.—An action related to an act constituting a violation of s. 48
794.011 or an action brought pursuant to s. 787.061 involving a 49
victim who was under the age of 16 at the time of the act may be 50
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commenced at any time. This subsection applies to any such 51
action other than one which would have been time barred on or 52
before July 1, 2010. 53
Section 2. Paragraph (d) of subsection (3) of section 54
450.045, Florida Statutes, is amended, and paragraphs (a), (b), 55
and (c) of that subsection are republished, to read: 56
450.045 Proof of identity and age; posting of notices. — 57
(3)(a) In order to provide the department and law 58
enforcement agencies the means to more effectively identify, 59
investigate, and arrest persons engaging in human trafficking, 60
an adult theater, as defined in s. 847.001(2)(b), shall obtain 61
proof of the identity and age of each of its employees or 62
independent contractors, and shall verify the validity of the 63
identification and age verification document with the issuer, 64
before his or her employment or provision of services as an 65
independent contractor. 66
(b) The adult theater shall obtain and keep on record a 67
photocopy of the person's driver license or state or federal 68
government-issued photo identification card, along with a record 69
of the verification of the validi ty of the identification and 70
age verification document with the issuer, during the entire 71
period of employment or business relationship with the 72
independent contractor and for at least 3 years after the 73
employee or independent contractor ceases employment or the 74
provision of services. 75
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(c) The department and its agents have the authority to 76
enter during operating hours, unannounced and without prior 77
notice, and inspect at any time a place or establishment covered 78
by this subsection and to have access to ag e verification 79
documents kept on file by the adult theater and such other 80
records as may aid in the enforcement of this subsection. 81
(d) A person who owns, operates, or manages an adult 82
theater owner, operator, or manager who knowingly violates this 83
subsection commits a felony of misdemeanor in the third first 84
degree, punishable as provided in s. 775.082 , or s. 775.083, or 85
s. 775.084. 86
Section 3. Section 787.061, Florida Statutes, is created 87
to read: 88
787.061 Civil actions by victims of human trafficki ng.— 89
(1) FINDINGS.-The Legislature finds that it is necessary 90
to provide a civil cause of action for the recovery of specified 91
damages and costs in order to achieve the intent of the 92
Legislature relating to human trafficking as expressed in s. 93
787.06(1)(d). 94
(2) DEFINITIONS.—As used in this section, the term: 95
(a) "Human trafficking" has the same meaning as provided 96
in s. 787.06(2). 97
(b) "Victim of human trafficking" means a person subjected 98
to coercion, as defined in s. 787.06(2), or by any other means, 99
for the purpose of being used in human trafficking; a child 100
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under 18 years of age subjected to human trafficking; or an 101
individual subjected to human trafficking as defined by federal 102
law. 103
(3) CIVIL CAUSE OF ACTION. — 104
(a) A victim of human trafficking has a civil cause of 105
action against an adult theater, as defined in s. 847.001(2)(b), 106
or an owner, operator, or manager of such theater, that 107
knowingly allows a victim of human trafficking to work, perform, 108
or dance at the adult theater. Such victim may recov er damages 109
as provided in this section. 110
(b) The action may be brought in any circuit court of 111
competent jurisdiction in this state. 112
(c) A victim who prevails in any such action may recover 113
economic and noneconomic damages; punitive damages, as provided 114
in ss. 768.72, 768.725, and 768.73; reasonable attorney fees; 115
and costs. 116
1. Economic damages include, but are not limited to, past 117
and future medical and mental health expenses; repatriation 118
expenses, when a victim elects repatriation; and all other 119
reasonable costs and expenses incurred by the victim in the past 120
or estimated to be incurred by the victim in the future as a 121
result of the human trafficking. 122
2. Noneconomic damages are nonfinancial losses that would 123
not have occurred but for the victimiza tion, and include pain 124
and suffering, inconvenience, physical impairment, mental 125
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anguish, disfigurement, loss of capacity for enjoyment of life, 126
and other nonfinancial losses. 127
(d) The civil remedies provided for in this section do not 128
preempt any other remedy or cause of action provided by law, 129
except that a victim may not recover against the same defendant 130
under both this section and s. 772.104(2). 131
(e) If the factfinder determines a parent or legal 132
guardian knowingly trafficked the victim, facilitated such 133
trafficking, or otherwise participated in the human trafficking 134
of the victim, the court may not allow such parent or legal 135
guardian to receive any distribution of damages awarded under 136
this section. 137
(f) The court shall have specific authority to co nsolidate 138
civil actions for the same defendant for the purpose of case 139
resolution and aggregate jurisdiction. 140
(4) STATUTE OF LIMITATIONS. —The statute of limitations as 141
specified in s. 95.11(7) or (9), as applicable, governs an 142
action brought under this s ection. 143
Section 4. Paragraph (b) of subsection (5) of section 144
796.07, Florida Statutes, is amended, subsection (8) is added to 145
that section, and paragraph (f) of subsection (2) and paragraph 146
(a) of subsection (5) of that section are republished, to rea d: 147
796.07 Prohibiting prostitution and related acts. — 148
(2) It is unlawful: 149
(f) To solicit, induce, entice, or procure another to 150
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commit prostitution, lewdness, or assignation. 151
(5)(a) A person who violates paragraph (2)(f) commits: 152
1. A misdemeanor of the first degree for a first 153
violation, punishable as provided in s. 775.082 or s. 775.083. 154
2. A felony of the third degree for a second violation, 155
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 156
3. A felony of the second degree fo r a third or subsequent 157
violation, punishable as provided in s. 775.082, s. 775.083, or 158
s. 775.084. 159
(b) In addition to any other penalty imposed, the court 160
shall order a person convicted of a violation of paragraph 161
(2)(f) to: 162
1. Perform 100 hours of co mmunity service.; and 163
2. Pay for and attend an educational program as described 164
in subsection (8), about the negative effects of prostitution 165
and human trafficking, such as a sexual violence prevention 166
education program, including such programs offered b y faith-167
based providers, if such a program exists programs exist in the 168
judicial circuit in which the offender is sentenced. 169
(8)(a) A judicial circuit may establish an educational 170
program for persons convicted of or charged with a violation of 171
paragraph (2)(f), to include education on: 172
1. The relationship between demand for commercial sex and 173
human trafficking. 174
2. The impact of human trafficking on victims. 175
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3. Coercion, consent, and sexual violence. 176
4. The health and legal consequences of commercial sex. 177
5. The negative impact of commercial sex on prostituted 178
persons and the community. 179
6. The reasons and motivations for engaging in 180
prostitution. 181
(b) An educational program may include a program offered 182
by a faith-based provider. 183
Section 5. Section 943.17297, Florida Statutes, is amended 184
to read: 185
943.17297 Continuing employment Training in identifying 186
and investigating human trafficking. —Within 1 year after 187
beginning employment, Each certified law enforcement officer 188
must successfully complete 4 hours of training in identifying 189
and investigating human trafficking as part of the basic recruit 190
training of the officer required in s. 943.13(9) or additional 191
training required in s. 943.131(4) . Completion of the training 192
component may count toward the 40 hours of instruction for 193
continued employment or appointment as a law enforcement officer 194
required under s. 943.135. This training component must be 195
completed by current law enforcement officers by July 1, 2022. 196
The training must be develo ped by the commission in consultation 197
with the Department of Legal Affairs and the Statewide Council 198
on Human Trafficking. If an officer fails to complete the 199
required training, his or her certification must be placed on 200
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inactive status until the employing agency notifies the 201
commission that the officer has completed the training. 202
Section 6. Section 1004.343, Florida Statutes, is created 203
to read: 204
1004.343 Statewide Data Repository for Anonymous Human 205
Trafficking Data.— 206
(1) The University of South Fl orida Trafficking in Persons 207
- Risk to Resilience Lab shall house and operate the state's 208
unified Statewide Data Repository for Anonymous Human 209
Trafficking Data. 210
(a) The purposes of the data repository are to: 211
1. Collect and analyze anonymous human tra fficking data to 212
better understand the magnitude and trends in human trafficking 213
in the state over time. 214
2. Help evaluate the effectiveness of various state -funded 215
initiatives to combat human trafficking to determine the impact 216
of such initiatives and to use evidence-based decision-making in 217
the determination of state investments in such initiatives. 218
3. To inform statewide efforts among law enforcement, 219
state agencies, and other entities to combat human trafficking 220
and apprehend and prosecute those pers ons responsible for human 221
trafficking. 222
4. To better serve victims of human trafficking through 223
evidence-based interventions that have proven effective. 224
(b) University of South Florida faculty and staff assigned 225
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to the lab shall: 226
1. Design, operate, m aintain, and protect the integrity of 227
the statewide human trafficking data repository. 228
2. Design, in consultation with the Department of Law 229
Enforcement and other law enforcement partners, and launch a 230
user-friendly system for uploading anonymous human t rafficking 231
data to the repository in a manner that can be accomplished 232
quickly and at no additional cost to the required reporting 233
entities. 234
3. Analyze such data to identify initiatives and 235
interventions that worked best in combatting human trafficking, 236
prosecuting individuals conducting human trafficking, and 237
assisting victims of human trafficking. 238
4. Work with law enforcement and state agencies to report 239
data on human trafficking investigations and prosecutions that 240
can aid those agencies in combattin g human trafficking and 241
prosecuting those individuals responsible for human trafficking. 242
(2)(a) The following agencies and organizations are 243
considered required reporting entities under this section: 244
1. Law enforcement agencies operating with state or local 245
government tax proceeds, including, but not limited to, 246
municipal police departments, county sheriff's departments, 247
county attorney's offices, and state attorney's offices. 248
2. The Department of Law Enforcement and any other state 249
agencies that hold any data related to human trafficking. 250
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3. Service providers and other nongovernmental 251
organizations that serve victims of human trafficking through 252
state or federal funding for such purpose. 253
(b) Notwithstanding paragraph (a), any required reporting 254
entity that submits the data required under subsection (3) from 255
its local jurisdiction to the Department of Law Enforcement's 256
Uniform Crime Report (UCR) system or Florida Incident -Based 257
Reporting System (FIBRS) may, but is not required to, submit any 258
additional data to the statewide human trafficking data 259
repository. However, the Department of Law Enforcement shall 260
upload or otherwise share with the statewide human trafficking 261
data repository, at least quarterly, the relevant data required 262
by this section that has been reported by local jurisdictions to 263
the UCR system and the FIBRS. 264
(3) The following human trafficking data shall be 265
submitted by required reporting entities to the statewide human 266
trafficking data repository unless such entity is exempt from 267
the reporting under paragraph (2)(b): 268
(a) The alleged offense that was being investigated or 269
prosecuted and a description of the alleged prohibited conduct. 270
(b) The age, gender, and race or ethnicity of each suspect 271
and victim and the case number associa ted with that suspect and 272
victim. 273
(c) The date, time, and location of the alleged offense. 274
(d) The type of human trafficking involved. 275
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(e) Any other related prosecution charges. 276
(f) Information regarding any victim services organization 277
or program to which the victim was referred, if available. 278
(g) The disposition of the investigation or prosecution, 279
regardless of its manner of disposition. 280
(4)(a) A required reporting entity located in a county 281
with a population of more than 500,000 must begin r eporting its 282
jurisdiction's human trafficking data required by this section 283
to the statewide human trafficking data repository, or to the 284
UCR system or the FIBRS, on or before July 1, 2023, and at least 285
quarterly each year thereafter. 286
(b) A required repo rting entity located in a county with a 287
population of 500,000 or fewer must begin reporting its 288
jurisdiction's human trafficking data required by this section 289
to the statewide human trafficking data repository, or to the 290
UCR system or the FIBRS, on or befo re July 1, 2024, and at least 291
biannually each year thereafter. 292
(5) Beginning July 1, 2024, and annually thereafter, 293
University of South Florida Trafficking in Persons - Risk to 294
Resilience Lab, shall submit an annual report and analysis on 295
its findings to the Governor, the Attorney General, the 296
President of the Senate and the Speaker of the House of 297
Representatives. 298
(6) This section is repealed July 1, 2026, unless reviewed 299
and reenacted by the Legislature before that date. 300
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Section 7. This act shall take effect July 1, 2023. 301