The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: SPB 7064
INTRODUCER: For consideration by the Fiscal Policy Committee
SUBJECT: Human Trafficking
DATE: April 19, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Davis Yeatman FP Pre-meeting
I. Summary:
SPB 7064 establishes a new civil cause of action for a victim of human trafficking. The victim
may recover damages and costs against an adult theatre, or its owner, operator, or manager who
knowingly allows a human trafficking victim to work, perform, or dance at the adult theatre. In
broad, general terms, an adult theatre is an enclosure or business used for presenting
performances characterized by sexual activities for observation by its patrons, and which
purports to limit admission to adults.
To comply with the statute of limitations, a lawsuit must be brought in circuit court within the
same time period that is required for intentional torts based on abuse or sexual battery offenses
on victims younger than 16 years. A victim who prevails in the lawsuit may recover economic
and noneconomic damages, punitive damages, reasonable attorney fees, and costs.
If an adult theatre “knowingly” fails to obtain and maintain certain age verification documents of
its employees and independent contractors, as required by the child labor laws contained in
ch. 450, F.S., the current violation is a first degree misdemeanor. Under the bill, that penalty is
increased to a third degree felony and the requirement that the violation be done “knowingly” is
removed.
The bill amends the educational program penalties that must be imposed upon someone who is
convicted of soliciting or enticing another to commit prostitution. In addition to other penalties,
the offender must pay for and attend an educational program established by a judicial circuit that
teaches the relationship between the demand for commercial sex and human trafficking and its
impact on victims, if the program exists in the judicial circuit.
The statutes governing law enforcement officer training are amended to require that each
certified law enforcement officer complete 4 hours of training in identifying and investigating
human trafficking as part of the basic recruit training or the additional required training.
REVISED: BILL: SPB 7064 Page 2
Finally, the bill establishes the state’s unified Statewide Data Repository for Anonymous Human
Trafficking Data at the University of South Florida Trafficking in Persons - Risk to Resilience
Lab. The human trafficking data, which must be submitted by law enforcement agencies and
other entities, will be used to aid in combatting human trafficking, prosecuting those engaged in
human trafficking, and assisting victims of human trafficking.
The bill takes effect July 1, 2023.
II. Present Situation:
Human Trafficking
Human trafficking is defined in s. 787.06(2)(d), F.S., as the “transporting, soliciting, recruiting,
harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining
another person for the purpose of exploitation of that person.”
According to the Florida Department of Law Enforcement, human trafficking is the world’s
fastest growing criminal industry and ranks second in size only behind the international illegal
drug trade. Unfortunately, the financial profits derived from human trafficking exceed the
cumulative profits of several international corporations.
1
The Florida Alliance to End Human Trafficking states that Florida is believed to be the third
largest center for human trafficking cases in the United States. The average minor is only 12 to
14 years old when he or she if first trafficked for commercial sex purposes although some
trafficking victims have been as young as 9 years old.
2
Legislative Intent and Penalties
Section 787.06(1)(a)-(d), F.S., contain the Legislature’s “findings” on human trafficking. The
provisions state that human trafficking is a form of modern-day slavery whose victims include
young children, teenagers, and adults who are trafficked internationally and domestically. The
traffickers subject the victims to different forms of force, fraud, or coercion to instill fear in them
and keep them enslaved for sexual exploitation or forced labor. The findings further state that it
is the intent of the Legislature to penalize the human traffickers for their crimes while the victims
are protected and assisted by the state.
The penalties for anyone who knowingly, or in a reckless disregard of the facts, engages or
attempts to engage in human trafficking, or benefits financially from human trafficking are set
forth in s. 787.06(3) and (4), F.S.
3
Of the 13 criminal offenses listed, 10 are punishable as first
degree felonies, two are punishable as life felonies, and one is punishable as a second degree
felony. If a person causes great bodily harm, permanent injury, or permanent disfigurement to
1
Florida Department of Law Enforcement, Identify and Investigate Human Trafficking,
http://www.fdle.state.fl.us/Media/BPDTraining/IDHumanTrafficking/index.html#/.
2
Human Trafficking Courts, Human Trafficking in Florida: Facts, Statistics, Shelters and Prevention Organizations,
http://www.fdle.state.fl.us/Media/BPDTraining/IDHumanTrafficking/index.html#/.
3
Section 787.06(4)(a), F.S., provides that a parent, legal guardian, or other person having custody or control of a minor who
sells or otherwise transfers custody of control of the minor or attempts to do so, with knowledge or in reckless disregard of
the fact that the minor will be subject to human trafficking commits a life felony, punishable as provided in s. 775.082, s.
775.083, or s. 775.084, F.S. BILL: SPB 7064 Page 3
another person during the commission of an offense, the degree of the offense is reclassified and
a felony of the second degree becomes a felony of the first degree and a felony of the first degree
is reclassified as a life felony.
4
In a prosecution for human trafficking, a defendant’s ignorance of a victim’s age, a victim’s
misrepresentation of his or her age, or a defendant’s bona fide belief of a victim’s age cannot be
raised as a defense.
5
A person who is convicted of human trafficking for commercial sexual
activity must register as a sexual offender.
6
Civil Causes of Action for Human Trafficking
Federal
A victim of human trafficking may sue his or her trafficker for monetary damages in federal
court under 18 U.S.C. s. 1595. The victim may sue for actual damages, punitive damages,
reasonable attorney fees, and other litigation costs reasonably incurred.
7
For an action to be
maintained under this law, it must be initiated no later than 10 years after the cause of action
arose or 10 years after the victim reaches the age of 18 years, if the victim was a minor at the
time of the alleged offence.
8
State
Victims of human trafficking also have a state statutory cause of action under ch. 772, F.S., a
chapter that provides civil remedies for criminal practices.
9
Section 772.104, F.S., provides a cause of action for any person who proves by clear and
convincing evidence that he or she has been injured by reason of any violation of s. 772.103,
F.S., due to human trafficking. The injured person is entitled to recover from the violator,
threefold the amount gained from the human trafficking, or a minimum of $200, and reasonable
attorney fees and court costs. However, no punitive damages may be awarded and the defendant
is entitled to recover attorney fees and costs if the claim was unsupported. Pursuant to
s. 772.17, F.S., a civil action brought under this statute must be brought within 5 years after the
violation terminates or the cause of action accrues.
4
Section 787.06(8), F.S.
5
Section 787.06(9), F.S.
6
Section 943.0435, F.S.
7
JDSupra, Legal Remedies for Sex Trafficking Victims, (Jan. 27, 2023) https://www.jdsupra.com/legalnews/legal-remedies-
for-sex-trafficking-5286170/; See also Congress.Gov, H.R.2620 – Trafficking Victims Protection Reauthorization Act of
2003, https://www.congress.gov/bill/108th-congress/house-bill/2620.
8
18 U.S.C. s. 1595(2)(c).
9
Section 772.103, F.S., makes it unlawful for any person:
(1) Who has with criminal intent received any proceeds derived, directly or indirectly, from a pattern of criminal activity or
through the collection of an unlawful debt to use or invest, whether directly or indirectly, any part of such proceeds, or the
proceeds derived from the investment or use thereof, in the acquisition of any title to, or any right, interest, or equity in, real
property or in the establishment or operation of any enterprise.
(2) Through a pattern of criminal activity or through the collection of an unlawful debt, to acquire or maintain, directly or
indirectly, any interest in or control of any enterprise or real property.
(3) Employed by, or associated with, any enterprise to conduct or participate, directly or indirectly, in such enterprise
through a pattern of criminal activity or the collection of an unlawful debt.
(4) To conspire or endeavor to violate any of the provisions of subsection (1), subsection (2), or subsection (3). BILL: SPB 7064 Page 4
Under section 796.09(1), F.S., a person has a cause of action for compensatory and punitive
damages against a person who coerced that person into prostitution or coerces that person to
remain in prostitution, or uses coercion to collect or receive any part of that person’s earnings
derived from prostitution.
Adult Theater Age Verification Documents
An adult theater is defined in s. 847.001(2)(b), F.S., to mean:
an enclosed building or an enclosed space within a building used for
presenting either films, live plays, dances, or other performances that are
distinguished or characterized by an emphasis on matter depicting,
describing, or relating to specific sexual activities for observation by
patrons, and which restricts or purports to restrict admission only to adults,
or any business that features a person who engages in specific sexual
activities for observation by a patron, and which restricts or purports to
restrict admission to only adults.
An adult theater is required to obtain proof of the identity and age of each of its employees or
independent contractors and verify the validity of the identification and age verification
document with the issuer before beginning employment or providing services as an independent
contractor. According to s. 450.045(3)(a), F.S., this is required to provide the Department of
Business and Professional Regulation and law enforcement agencies the means to effectively
identify, investigate, and arrest persons who engage in human trafficking.
Pursuant to s. 450.045(3)(b), F.S., the adult theater must obtain and keep on record a photocopy
of the person’s driver license or state or federal government-issued photo identification card,
along with a record of the verification of the validity of the identification and age verification
document with the issuer. This information must be maintained during the entire period of
employment or business relationship with the independent contractor and for at least 3 years after
the employee or independent contractor ceases employment or the provision of services.
If an adult theater owner, operator, or manager knowingly violates these requirements, he or she
commits a first degree misdemeanor, which is punishable by imprisonment of no more than 1
year or a fine that does not exceed $1,000.
Law Enforcement Officer Training Requirements
Section 943.13, F.S., requires each law enforcement officer to complete a commission-approved
basic recruit training program, unless he or she meets an exemption provided in statute. In
addition, and pursuant to s. 943.17297, F.S., each certified law enforcement officer must
successfully complete 4 hours of training in identifying and investigating human trafficking
within 1 year after beginning employment. BILL: SPB 7064 Page 5
III. Effect of Proposed Changes:
Civil Cause of Action for a Human Trafficking Victim, Section 3 (s. 787.061, F.S.)
Findings
The Legislature finds that it is necessary to create a civil cause of action for human trafficking
victims in order to carry out the intent of the Legislature as expressed previously in
s. 787.06(1)(d), F.S. That section details the Legislature’s desire to punish human traffickers for
their illegal conduct and ensure that victims be protected and assisted by the state and its
agencies and helped to access social services and benefits.
Definitions
“Human trafficking” means transporting, soliciting, recruiting, harboring, providing, enticing,
maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of
exploitation of that person.
A “victim of human trafficking” means a person subjected to coercion, as defined in existing s.
787.06(2), F.S.,
10
or by any other means, for the purpose of being used in human trafficking; a
child under 18 years of age subjected to human trafficking; or an individual subjected to human
trafficking as defined by federal law.
Cause of Action
The bill establishes a civil cause of action for a victim of human trafficking to recover damages
and costs against an adult theatre, or its owner, operator, or manager who knowingly allows a
victim to work, perform, or dance at the adult theatre. The action may be brought in any circuit
court of the state.
Recoverable Damages
Under the bill, a victim may recover economic and noneconomic damages; punitive damages, as
provided in ss. 768.72, 768.725, and 768.73, F.S.; and reasonable attorney fees and costs.
Under the bill, economic damages include, but are not limited to:
Past and future medical and mental health expenses;
10
Coercion is defined in s. 787.06(2)(a), F.S., to mean:
1. Using or threatening to use physical force against any person;
2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and
against her or his will;
3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security
for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the
length and nature of the labor or services are not respectively limited and defined;
4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or
other immigration document, or any other actual or purported government identification document, of any person;
5. Causing or threatening to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule I or Schedule II of s. 893.03 to any person for the purpose of
exploitation of that person. BILL: SPB 7064 Page 6
Repatriation expenses, when a victim elects repatriation; and
All other reasonable costs and expenses incurred by the victim in the past or estimated to be
incurred by the victim in the future as a result of the human trafficking.
Noneconomic damages are nonfinancial losses that would not have occurred but for the
victimization, and include:
Pain and suffering;
Inconvenience;
Physical impairment;
Mental anguish;
Disfigurement;
Loss of capacity for enjoyment of life; and
Other nonfinancial losses.
The bill provides that the civil remedies provided for in this section do not preempt any other
remedy or cause of action provided by law, but that a victim may not recover under both this
section and existing s. 772.104(2), F.S.
11
Prohibited Recovery
The bill states that, if the factfinder determines that a parent or legal guardian knowingly
trafficked the victim, facilitated the trafficking, or otherwise participated in the human trafficking
of the victim, the court may not allow the parent or legal guardian to receive any distribution of
damages awarded under this section.
Consolidation
In an action brought under this section, a court is given the specific authority to consolidate civil
actions for the same defendant for the purpose of case resolution and aggregate jurisdiction.
Statute of Limitations, Section 1
The statute of limitations provision contains cross-references to s. 95.11(7) or (9), F.S., as
applicable to govern an action brought under this section. Section 95.11(7), F.S., applies to
limitations for intentional torts based on abuse and s. 95.11(9), F.S. addresses specified offenses
on victims under age 16.
Those statutes are amended to provide that an action under this section may be brought:
11
Section 772.104(1) and (2), F.S. states:
(1) Any person who proves by clear and convincing evidence that he or she has been injured by reason of any violation of
the provisions of s. 772.103 shall have a cause of action for threefold the actual damages sustained and, in any such action, is
entitled to minimum damages in the amount of $200, and reasonable attorney’s fees and court costs in the trial and appellate
courts.
(2) As an alternative to recovery under subsection (1), any person who proves by clear and convincing evidence that he or
she has been injured by reason of any violation of the provisions of s. 772.103 due to sex trafficking or human trafficking
shall have a cause of action for threefold the amount gained from the sex trafficking or human trafficking and in any such
action is entitled to minimum damages in the amount of $200 and reasonable attorney’s fees and court costs in the trial and
appellate courts. BILL: SPB 7064 Page 7
Within 7 years after the victim reaches the age of majority;
Within 4 years after the victim leaves the abuser;
Within 4 years from the time of discovery by the victim of both the injury and the causal
relationship between the injury and abuse, whichever occurs later; or
For victims that were under the age of 16 at the time of the trafficking, at any time.
Adult Theatre Criminal Provisions, Section 2 (s. 450.045, F.S.)
The bill amends s. 450.045, F.S., to increase the penalty for the failure of an owner, operator, or
manager of an adult theater to comply with the proof of age and identify verification
requirements. The penalty is increased from the penalties for a first degree misdemeanor to the
penalties for a third degree felony, and language is revised to no longer require that the violation
be done “knowingly.” The bill does not rank this offense, and therefore by default, it is ranked as
a level 1 offense on the Criminal Punishment Code Offense Severity Ranking Chart.
A third degree felony is punishable by a term of imprisonment not to exceed 5 years and a fine
not to exceed $5,000. Language is also added to the penalty provisions to permit sentencing
under s. 775.084, F.S., which addresses violent career criminals, habitual felony offenders, and
habitual violent felony offenders.
Additional Punishment Provisions for Prostitution-Related Convictions, Section 4
(s. 796.07, F.S.)
The bill amends s. 796.07, F.S., to require that an offender who is convicted of soliciting another
person to commit prostitution, in addition to any other penalty imposed, pay for and attend an
educational program, if one exists in the judicial circuit in which the offender is sentenced, that
provides education on the following:
The relationship between demand for commercial sex and human trafficking.
The impact of human trafficking on victims.
Coercion, consent, and sexual violence.
The health and legal consequences of commercial sex.
The negative impact of commercial sex on prostituted persons and the community.
The reasons and motivations for engaging in prostitution.
The bill authorizes a judicial circuit to establish a program and allows a program to be
offered by a faith-based provider.
Law Enforcement Training, Section 5 (s. 943.17297, F.S.)
The bill amends s. 943.17297, F.S., to require that each certified law enforcement officer
successfully complete 4 hours of training in identifying and investigating human trafficking as
part of the basic recruit training of the officer as required pursuant to s. 943.13(9), F.S., or
additional training required in s. 943.131(4), F.S. The training must be developed by the
Criminal Justice Standards and Training Commission in consultation with the Department of
Legal Affairs and the Statewide Council on Human Trafficking.
BILL: SPB 7064 Page 8
Statewide Data Repository for Anonymous Human Trafficking Data, Section 6
The bill creates s. 1004.343, F.S., to establish the Statewide Data Repository for Anonymous
Human Trafficking Data within the University of South Florida’s (USF) Trafficking in Persons –
Risk to Resilience Lab.
Law enforcement agencies and other entities and organizations are required to submit data to the
repository. This data will then be used to develop data-driven approaches to combatting human
trafficking, prosecuting those engaged in human trafficking, and assisting victims of human
trafficking. Beginning July 1, 2024, and each year after, the Lab must submit an annual report
and analysis of its findings to the Governor, the Attorney General, the President of the Senate,
and the Speaker of the House of Representatives.
This section pertaining to the University of South Florida Trafficking in Persons – Risk to
Resilience Lab will be repealed July 1, 2026, unless it is reviewed and reenacted by the
Legislature before that date.
The bill takes effect July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
The bill defines “victim of human trafficking” to include an “individual subjected to
human trafficking as defined by federal law.” Because the Legislature may not delegate
its legislative power to the federal government, the bill will not likely be interpreted to
incorporate future changes to those federal definitions.
12
12
See Eastern Airlines, Inc. v.. Dept. of Revenue, 455 So. 2d 311, 315-16 (Fla. 1984). BILL: SPB 7064 Page 9
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
By increasing the adult theater operation penalties from a first degree misdemeanor to a
third degree felony, the bill may result in more jail and prison admissions.
The bill may also have an indeterminate impact on state expenditures due to costs
required to establish an educational program pertaining to human trafficking and
commercial sex. Some of these costs, however, may be offset by offenders having to pay
for their attendance in the educational program.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 95.11, 450.045,
796.07, and 943.17297.
This bill creates the following sections of the Florida Statutes: 787.061 and 1004.343.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.