SB 7064 Second Engrossed 20237064e2 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; amending s. 787.06, F.S.; directing 7 the proceeds from the sale of specified property to be 8 allocated to pay restitution to human trafficking 9 victims; specifying the allocation of proceeds if 10 there are multiple human trafficking victims; 11 specifying the allocation of any remaining proceeds; 12 creating s. 787.061, F.S.; providing legislative 13 findings; providing definitions; providing a civil 14 cause of action for victims of human trafficking 15 against certain entities or persons; providing 16 procedures and requirements for claims; providing for 17 damages, penalties, punitive damages, attorney fees, 18 expenses, and costs; providing a statute of 19 limitations; amending s. 796.07, F.S.; authorizing 20 judicial circuits to establish educational programs 21 for persons convicted of or charged with certain 22 violations; specifying contents of such programs; 23 providing that such programs may be offered by faith 24 based providers; amending s. 943.17297, F.S.; revising 25 requirements for law enforcement training in 26 identifying and investigating human trafficking; 27 creating s. 1004.343, F.S.; creating the Statewide 28 Data Repository for Anonymous Human Trafficking Data 29 at the University of South Florida; providing purposes 30 of the data repository; specifying duties of 31 university faculty and staff; designating required 32 reporting entities; requiring specified information to 33 be reported; providing for reporting; providing for 34 future repeal; providing an effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1.Subsections (7) and (9) of section 95.11, 39 Florida Statutes, are amended to read: 40 95.11Limitations other than for the recovery of real 41 property.Actions other than for recovery of real property shall 42 be commenced as follows: 43 (7)FOR INTENTIONAL TORTS BASED ON ABUSE.An action founded 44 on alleged abuse, as defined in s. 39.01, s. 415.102, or s. 45 984.03;, or incest, as defined in s. 826.04; or an action 46 brought pursuant to s. 787.061, may be commenced at any time 47 within 7 years after the age of majority, or within 4 years 48 after the injured person leaves the dependency of the abuser, or 49 within 4 years from the time of discovery by the injured party 50 of both the injury and the causal relationship between the 51 injury and the abuse, whichever occurs later. 52 (9)SPECIFIED SEXUAL BATTERY OFFENSES ON VICTIMS UNDER AGE 53 16.An action related to an act constituting a violation of s. 54 794.011 or an action brought pursuant to s. 787.061 involving a 55 victim who was under the age of 16 at the time of the act may be 56 commenced at any time. This subsection applies to any such 57 action other than one which would have been time barred on or 58 before July 1, 2010. 59 Section 2.Paragraph (d) of subsection (3) of section 60 450.045, Florida Statutes, is amended, and paragraphs (a), (b), 61 and (c) of that subsection are republished, to read: 62 450.045Proof of identity and age; posting of notices. 63 (3)(a)In order to provide the department and law 64 enforcement agencies the means to more effectively identify, 65 investigate, and arrest persons engaging in human trafficking, 66 an adult theater, as defined in s. 847.001(2)(b), shall obtain 67 proof of the identity and age of each of its employees or 68 independent contractors, and shall verify the validity of the 69 identification and age verification document with the issuer, 70 before his or her employment or provision of services as an 71 independent contractor. 72 (b)The adult theater shall obtain and keep on record a 73 photocopy of the persons driver license or state or federal 74 government-issued photo identification card, along with a record 75 of the verification of the validity of the identification and 76 age verification document with the issuer, during the entire 77 period of employment or business relationship with the 78 independent contractor and for at least 3 years after the 79 employee or independent contractor ceases employment or the 80 provision of services. 81 (c)The department and its agents have the authority to 82 enter during operating hours, unannounced and without prior 83 notice, and inspect at any time a place or establishment covered 84 by this subsection and to have access to age verification 85 documents kept on file by the adult theater and such other 86 records as may aid in the enforcement of this subsection. 87 (d)A person who owns, operates, or manages an adult 88 theater owner, operator, or manager who knowingly violates this 89 subsection commits a felony of misdemeanor in the third first 90 degree, punishable as provided in s. 775.082, or s. 775.083, or 91 s. 775.084. 92 Section 3.Subsection (7) of section 787.06, Florida 93 Statutes, is amended to read: 94 787.06Human trafficking. 95 (7)Any real property or personal property that was used, 96 attempted to be used, or intended to be used in violation of any 97 provision of this section may be seized and shall be forfeited 98 as provided by subject to the provisions of the Florida 99 Contraband Forfeiture Act. After satisfying any liens on the 100 property, the remaining proceeds from the sale of any property 101 seized under this section and owned by a defendant convicted of 102 a violation of this section must first be allocated to pay any 103 order of restitution of a human trafficking victim in the 104 criminal case for which the owner was convicted. If there are 105 multiple human trafficking victims in the criminal case, the 106 remaining proceeds must be allocated equally among the victims 107 to pay restitution. If the proceeds are sufficient to pay any 108 such order of restitution, any remaining proceeds must be 109 disbursed as required by s. 932.7055(5)-(9). 110 Section 4.Section 787.061, Florida Statutes, is created to 111 read: 112 787.061Civil actions by victims of human trafficking. 113 (1)FINDINGS.The Legislature finds that it is necessary to 114 provide a civil cause of action for the recovery of specified 115 damages and costs in order to achieve the intent of the 116 Legislature relating to human trafficking as expressed in s. 117 787.06(1)(d). 118 (2)DEFINITIONS.As used in this section, the term: 119 (a)Human trafficking has the same meaning as provided in 120 s. 787.06(2). 121 (b)Victim of human trafficking means a person subjected 122 to coercion, as defined in s. 787.06(2), or by any other means, 123 for the purpose of being used in human trafficking; a child 124 under 18 years of age subjected to human trafficking; or an 125 individual subjected to human trafficking as defined by federal 126 law. 127 (3)CIVIL CAUSE OF ACTION. 128 (a)A victim of human trafficking has a civil cause of 129 action against an adult theater, as defined in s. 847.001(2)(b), 130 or an owner, an operator, or a manager of such theater, that 131 knowingly allows a victim of human trafficking to work, perform, 132 or dance at the adult theater. Such victim may recover damages 133 as provided in this section. 134 (b)The action may be brought in any circuit court of 135 competent jurisdiction in this state. 136 (c)A victim who prevails in any such action may recover 137 economic and noneconomic damages; punitive damages, as provided 138 in ss. 768.72, 768.725, and 768.73; reasonable attorney fees; 139 and costs. 140 1.Economic damages include, but are not limited to, past 141 and future medical and mental health expenses; repatriation 142 expenses, when a victim elects repatriation; and all other 143 reasonable costs and expenses incurred by the victim in the past 144 or estimated to be incurred by the victim in the future as a 145 result of the human trafficking. 146 2.Noneconomic damages are nonfinancial losses that would 147 not have occurred but for the victimization, and include pain 148 and suffering, inconvenience, physical impairment, mental 149 anguish, disfigurement, loss of capacity for enjoyment of life, 150 and other nonfinancial losses. 151 (d)The civil remedies provided for in this section do not 152 preempt any other remedy or cause of action provided by law, 153 except that a victim may not recover against the same defendant 154 under both this section and s. 772.104(2). 155 (e)If the factfinder determines a parent or legal guardian 156 knowingly trafficked the victim, facilitated such trafficking, 157 or otherwise participated in the human trafficking of the 158 victim, the court may not allow such parent or legal guardian to 159 receive any distribution of damages awarded under this section. 160 (f)The court shall have specific authority to consolidate 161 civil actions for the same defendant for the purpose of case 162 resolution and aggregate jurisdiction. 163 (4)STATUTE OF LIMITATIONS.The statute of limitations as 164 specified in s. 95.11(7) or (9), as applicable, governs an 165 action brought under this section. 166 Section 5.Paragraph (b) of subsection (5) of section 167 796.07, Florida Statutes, is amended, subsection (8) is added to 168 that section, and paragraph (f) of subsection (2) and paragraph 169 (a) of subsection (5) of that section are republished, to read: 170 796.07Prohibiting prostitution and related acts. 171 (2)It is unlawful: 172 (f)To solicit, induce, entice, or procure another to 173 commit prostitution, lewdness, or assignation. 174 (5)(a)A person who violates paragraph (2)(f) commits: 175 1.A misdemeanor of the first degree for a first violation, 176 punishable as provided in s. 775.082 or s. 775.083. 177 2.A felony of the third degree for a second violation, 178 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 179 3.A felony of the second degree for a third or subsequent 180 violation, punishable as provided in s. 775.082, s. 775.083, or 181 s. 775.084. 182 (b)In addition to any other penalty imposed, the court 183 shall order a person convicted of a violation of paragraph 184 (2)(f) to: 185 1.Perform 100 hours of community service.; and 186 2.Pay for and attend an educational program as described 187 in subsection (8), about the negative effects of prostitution 188 and human trafficking, such as a sexual violence prevention 189 education program, including such programs offered by faith 190 based providers, if such a program exists programs exist in the 191 judicial circuit in which the offender is sentenced. 192 (8)(a)A judicial circuit may establish an educational 193 program for persons convicted of or charged with a violation of 194 paragraph (2)(f), to include education on: 195 1.The relationship between demand for commercial sex and 196 human trafficking. 197 2.The impact of human trafficking on victims. 198 3.Coercion, consent, and sexual violence. 199 4.The health and legal consequences of commercial sex. 200 5.The negative impact of commercial sex on prostituted 201 persons and the community. 202 6.The reasons and motivations for engaging in 203 prostitution. 204 (b)An educational program may include a program offered by 205 a faith-based provider. 206 Section 6.Section 943.17297, Florida Statutes, is amended 207 to read: 208 943.17297Continuing employment Training in identifying and 209 investigating human trafficking.Within 1 year after beginning 210 employment, Each certified law enforcement officer must 211 successfully complete 4 hours of training in identifying and 212 investigating human trafficking as part of the basic recruit 213 training of the officer required in s. 943.13(9) or additional 214 training required in s. 943.131(4). Completion of the training 215 component may count toward the 40 hours of instruction for 216 continued employment or appointment as a law enforcement officer 217 required under s. 943.135. This training component must be 218 completed by current law enforcement officers by July 1, 2022. 219 The training must be developed by the commission in consultation 220 with the Department of Legal Affairs and the Statewide Council 221 on Human Trafficking. If an officer fails to complete the 222 required training, his or her certification must be placed on 223 inactive status until the employing agency notifies the 224 commission that the officer has completed the training. 225 Section 7.Section 1004.343, Florida Statutes, is created 226 to read: 227 1004.343Statewide Data Repository for Anonymous Human 228 Trafficking Data. 229 (1)The University of South Florida Trafficking in Persons 230 - Risk to Resilience Lab shall house and operate the states 231 unified Statewide Data Repository for Anonymous Human 232 Trafficking Data. 233 (a)The purposes of the data repository are to: 234 1.Collect and analyze anonymous human trafficking data to 235 better understand the magnitude and trends in human trafficking 236 in the state over time. 237 2.Help evaluate the effectiveness of various state-funded 238 initiatives to combat human trafficking to determine the impact 239 of such initiatives and to use evidence-based decisionmaking in 240 the determination of state investments in such initiatives. 241 3.Inform statewide efforts among law enforcement agencies, 242 state agencies, and other entities to combat human trafficking 243 and apprehend and prosecute those persons responsible for human 244 trafficking; and 245 4.Better serve victims of human trafficking through 246 evidence-based interventions that have proven effective. 247 (b)University of South Florida faculty and staff assigned 248 to the lab shall: 249 1.Design, operate, maintain, and protect the integrity of 250 the statewide human trafficking data repository. 251 2.Design, in consultation with the Department of Law 252 Enforcement and other law enforcement partners, and launch a 253 user-friendly system for uploading anonymous human trafficking 254 data to the repository in a manner that can be accomplished 255 quickly and at no additional cost to the required reporting 256 entities. 257 3.Analyze such data to identify initiatives and 258 interventions that worked best in combatting human trafficking, 259 prosecuting individuals conducting human trafficking, and 260 assisting victims of human trafficking. 261 4.Work with law enforcement agencies and state agencies to 262 report data on human trafficking investigations and prosecutions 263 which can aid those agencies in combatting human trafficking and 264 prosecuting those individuals responsible for human trafficking. 265 (2)(a)The following agencies and organizations are 266 considered required reporting entities under this section: 267 1.Law enforcement agencies operating with state or local 268 government tax proceeds, including, but not limited to, 269 municipal police departments, county sheriffs departments, 270 county attorneys offices, and state attorneys offices. 271 2.The Department of Law Enforcement and any other state 272 agencies that hold any data related to human trafficking. 273 3.Service providers and other nongovernmental 274 organizations that serve victims of human trafficking through 275 state or federal funding for such purpose. 276 (b)Notwithstanding paragraph (a), any required reporting 277 entity that submits the data required under subsection (3) from 278 its local jurisdiction to the Department of Law Enforcements 279 Uniform Crime Report (UCR) system or Florida Incident-Based 280 Reporting System (FIBRS) may, but is not required to, submit any 281 additional data to the statewide human trafficking data 282 repository. However, the Department of Law Enforcement shall 283 upload or otherwise share with the statewide human trafficking 284 data repository, at least quarterly, the relevant data required 285 by this section which has been reported by local jurisdictions 286 to the UCR system and the FIBRS. 287 (3)All of the following human trafficking data shall be 288 submitted by required reporting entities to the statewide human 289 trafficking data repository, unless such entity is exempt from 290 the reporting under paragraph (2)(b): 291 (a)The alleged offense that was being investigated or 292 prosecuted and a description of the alleged prohibited conduct. 293 (b)The age, gender, and race or ethnicity of each suspect 294 and victim and the case number associated with that suspect and 295 victim. 296 (c)The date, time, and location of the alleged offense. 297 (d)The type of human trafficking involved. 298 (e)Any other related prosecution charges. 299 (f)Information regarding any victim services organization 300 or program to which the victim was referred, if available. 301 (g)The disposition of the investigation or prosecution, 302 regardless of its manner of disposition. 303 (4)(a)A required reporting entity located in a county with 304 a population of more than 500,000 must begin reporting its 305 jurisdictions human trafficking data required by this section 306 to the statewide human trafficking data repository, or to the 307 UCR system or the FIBRS, on or before July 1, 2024, and at least 308 quarterly each year thereafter. 309 (b)A required reporting entity located in a county with a 310 population of 500,000 or less must begin reporting its 311 jurisdictions human trafficking data required by this section 312 to the statewide human trafficking data repository, or to the 313 UCR system or the FIBRS, on or before July 1, 2024, and at least 314 biannually each year thereafter. 315 (5)Beginning July 1, 2025, and annually thereafter, the 316 University of South Florida Trafficking in Persons - Risk to 317 Resilience Lab shall submit an annual report and analysis on its 318 findings to the Governor, the Attorney General, the President of 319 the Senate, and the Speaker of the House of Representatives. 320 (6)This section is repealed July 1, 2026, unless reviewed 321 and reenacted by the Legislature before that date. 322 Section 8.This act shall take effect July 1, 2023.