Florida Senate - 2023 SB 7064 By the Committee on Fiscal Policy 594-04112-23 20237064__ 1 A bill to be entitled 2 An act relating to human trafficking; amending s. 3 95.11, F.S.; conforming provisions to changes made by 4 the act; amending s. 450.045, F.S.; increasing 5 criminal penalties for specified offenses involving 6 adult theaters; creating s. 787.061, F.S.; providing 7 legislative findings; providing definitions; providing 8 a civil cause of action for victims of human 9 trafficking against certain entities or persons; 10 providing procedures and requirements for claims; 11 providing for damages, penalties, punitive damages, 12 attorney fees, expenses, and costs; providing a 13 statute of limitations; amending s. 796.07, F.S.; 14 authorizing judicial circuits to establish educational 15 programs for persons convicted of or charged with 16 certain violations; specifying contents of such 17 programs; providing that such programs may be offered 18 by faith-based providers; amending s. 943.17297, F.S.; 19 revising requirements for law enforcement training in 20 identifying and investigating human trafficking; 21 creating s. 1004.343, F.S.; creating the Statewide 22 Data Repository for Anonymous Human Trafficking Data 23 at the University of South Florida; providing purposes 24 of the data repository; specifying duties of 25 university faculty and staff; designating required 26 reporting entities; requiring specified information to 27 be reported; providing for reporting; providing for 28 future repeal; 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 95.11Limitations 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 founded 38 on alleged abuse, as defined in s. 39.01, s. 415.102, or s. 39 984.03;, 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 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: 56 450.045Proof 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 persons driver license or state or federal 68 government-issued photo identification card, along with a record 69 of the verification of the validity 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 (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 age 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 to 87 read: 88 787.061Civil actions by victims of human trafficking. 89 (1)FINDINGS.The Legislature finds that it is necessary to 90 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 in 96 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 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, an operator, or a 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 recover 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 victimization, and include pain 124 and suffering, inconvenience, physical impairment, mental 125 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 guardian 132 knowingly trafficked the victim, facilitated such trafficking, 133 or otherwise participated in the human trafficking of the 134 victim, the court may not allow such parent or legal guardian to 135 receive any distribution of damages awarded under this section. 136 (f)The court shall have specific authority to consolidate 137 civil actions for the same defendant for the purpose of case 138 resolution and aggregate jurisdiction. 139 (4)STATUTE OF LIMITATIONS.The statute of limitations as 140 specified in s. 95.11(7) or (9), as applicable, governs an 141 action brought under this section. 142 Section 4.Paragraph (b) of subsection (5) of section 143 796.07, Florida Statutes, is amended, subsection (8) is added to 144 that section, and paragraph (f) of subsection (2) and paragraph 145 (a) of subsection (5) of that section are republished, to read: 146 796.07Prohibiting prostitution and related acts. 147 (2)It is unlawful: 148 (f)To solicit, induce, entice, or procure another to 149 commit prostitution, lewdness, or assignation. 150 (5)(a)A person who violates paragraph (2)(f) commits: 151 1.A misdemeanor of the first degree for a first violation, 152 punishable as provided in s. 775.082 or s. 775.083. 153 2.A felony of the third degree for a second violation, 154 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 155 3.A felony of the second degree for a third or subsequent 156 violation, punishable as provided in s. 775.082, s. 775.083, or 157 s. 775.084. 158 (b)In addition to any other penalty imposed, the court 159 shall order a person convicted of a violation of paragraph 160 (2)(f) to: 161 1.Perform 100 hours of community service.; and 162 2.Pay for and attend an educational program as described 163 in subsection (8), about the negative effects of prostitution 164 and human trafficking, such as a sexual violence prevention 165 education program, including such programs offered by faith 166 based providers, if such a program exists programs exist in the 167 judicial circuit in which the offender is sentenced. 168 (8)(a)A judicial circuit may establish an educational 169 program for persons convicted of or charged with a violation of 170 paragraph (2)(f), to include education on: 171 1.The relationship between demand for commercial sex and 172 human trafficking. 173 2.The impact of human trafficking on victims. 174 3.Coercion, consent, and sexual violence. 175 4.The health and legal consequences of commercial sex. 176 5.The negative impact of commercial sex on prostituted 177 persons and the community. 178 6.The reasons and motivations for engaging in 179 prostitution. 180 (b)An educational program may include a program offered by 181 a faith-based provider. 182 Section 5.Section 943.17297, Florida Statutes, is amended 183 to read: 184 943.17297Continuing employment Training in identifying and 185 investigating human trafficking.Within 1 year after beginning 186 employment, Each certified law enforcement officer must 187 successfully complete 4 hours of training in identifying and 188 investigating human trafficking as part of the basic recruit 189 training of the officer required in s. 943.13(9) or additional 190 training required in s. 943.131(4). Completion of the training 191 component may count toward the 40 hours of instruction for 192 continued employment or appointment as a law enforcement officer 193 required under s. 943.135. This training component must be 194 completed by current law enforcement officers by July 1, 2022. 195 The training must be developed by the commission in consultation 196 with the Department of Legal Affairs and the Statewide Council 197 on Human Trafficking. If an officer fails to complete the 198 required training, his or her certification must be placed on 199 inactive status until the employing agency notifies the 200 commission that the officer has completed the training. 201 Section 6.Section 1004.343, Florida Statutes, is created 202 to read: 203 1004.343Statewide Data Repository for Anonymous Human 204 Trafficking Data. 205 (1)The University of South Florida Trafficking in Persons 206 - Risk to Resilience Lab shall house and operate the states 207 unified Statewide Data Repository for Anonymous Human 208 Trafficking Data. 209 (a)The purposes of the data repository are to: 210 1.Collect and analyze anonymous human trafficking data to 211 better understand the magnitude and trends in human trafficking 212 in the state over time. 213 2.Help evaluate the effectiveness of various state-funded 214 initiatives to combat human trafficking to determine the impact 215 of such initiatives and to use evidence-based decisionmaking in 216 the determination of state investments in such initiatives. 217 3.Inform statewide efforts among law enforcement agencies, 218 state agencies, and other entities to combat human trafficking 219 and apprehend and prosecute those persons responsible for human 220 trafficking; and 221 4.Better serve victims of human trafficking through 222 evidence-based interventions that have proven effective. 223 (b)University of South Florida faculty and staff assigned 224 to the lab shall: 225 1.Design, operate, maintain, and protect the integrity of 226 the statewide human trafficking data repository. 227 2.Design, in consultation with the Department of Law 228 Enforcement and other law enforcement partners, and launch a 229 user-friendly system for uploading anonymous human trafficking 230 data to the repository in a manner that can be accomplished 231 quickly and at no additional cost to the required reporting 232 entities. 233 3.Analyze such data to identify initiatives and 234 interventions that worked best in combatting human trafficking, 235 prosecuting individuals conducting human trafficking, and 236 assisting victims of human trafficking. 237 4.Work with law enforcement agencies and state agencies to 238 report data on human trafficking investigations and prosecutions 239 which can aid those agencies in combatting human trafficking and 240 prosecuting those individuals responsible for human trafficking. 241 (2)(a)The following agencies and organizations are 242 considered required reporting entities under this section: 243 1.Law enforcement agencies operating with state or local 244 government tax proceeds, including, but not limited to, 245 municipal police departments, county sheriffs departments, 246 county attorneys offices, and state attorneys offices. 247 2.The Department of Law Enforcement and any other state 248 agencies that hold any data related to human trafficking. 249 3.Service providers and other nongovernmental 250 organizations that serve victims of human trafficking through 251 state or federal funding for such purpose. 252 (b)Notwithstanding paragraph (a), any required reporting 253 entity that submits the data required under subsection (3) from 254 its local jurisdiction to the Department of Law Enforcements 255 Uniform Crime Report (UCR) system or Florida Incident-Based 256 Reporting System (FIBRS) may, but is not required to, submit any 257 additional data to the statewide human trafficking data 258 repository. However, the Department of Law Enforcement shall 259 upload or otherwise share with the statewide human trafficking 260 data repository, at least quarterly, the relevant data required 261 by this section which has been reported by local jurisdictions 262 to the UCR system and the FIBRS. 263 (3)All of the following human trafficking data shall be 264 submitted by required reporting entities to the statewide human 265 trafficking data repository, unless such entity is exempt from 266 the reporting under paragraph (2)(b): 267 (a)The alleged offense that was being investigated or 268 prosecuted and a description of the alleged prohibited conduct. 269 (b)The age, gender, and race or ethnicity of each suspect 270 and victim and the case number associated with that suspect and 271 victim. 272 (c)The date, time, and location of the alleged offense. 273 (d)The type of human trafficking involved. 274 (e)Any other related prosecution charges. 275 (f)Information regarding any victim services organization 276 or program to which the victim was referred, if available. 277 (g)The disposition of the investigation or prosecution, 278 regardless of its manner of disposition. 279 (4)(a)A required reporting entity located in a county with 280 a population of more than 500,000 must begin reporting its 281 jurisdictions human trafficking data required by this section 282 to the statewide human trafficking data repository, or to the 283 UCR system or the FIBRS, on or before July 1, 2023, and at least 284 quarterly each year thereafter. 285 (b)A required reporting entity located in a county with a 286 population of 500,000 or less must begin reporting its 287 jurisdictions human trafficking data required by this section 288 to the statewide human trafficking data repository, or to the 289 UCR system or the FIBRS, on or before July 1, 2024, and at least 290 biannually each year thereafter. 291 (5)Beginning July 1, 2024, and annually thereafter, the 292 University of South Florida Trafficking in Persons - Risk to 293 Resilience Lab shall submit an annual report and analysis on its 294 findings to the Governor, the Attorney General, the President of 295 the Senate, and the Speaker of the House of Representatives. 296 (6)This section is repealed July 1, 2026, unless reviewed 297 and reenacted by the Legislature before that date. 298 Section 7.This act shall take effect July 1, 2023.