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: CS/CS/SB 796
INTRODUCER: Governmental Oversight and Accountability Committee; Criminal Justice Committee;
and Senator Avila
SUBJECT: Anti-human Trafficking
DATE: February 20, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Limones-Borja McVaney GO Fav/CS
2. Wyant Stokes CJ Fav/CS
3. Limones-Borja Yeatman FP Pre-meeting
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 796 makes several updates that relate to combatting human trafficking in Florida.
First, the bill extends the repeal date of the direct-support organization (DSO) for the Statewide
Council on Human Trafficking to October 1, 2029.
Second, the bill replaces the national human trafficking hotline with the Florida human
trafficking hotline in several sections.
Third, the bill extends the date by which:
A person licensed or certified under several chapters must post a human trafficking public
awareness sign.
A massage establishment must implement a procedure for reporting suspected human
trafficking to the Florida Human Trafficking Hotline.
A public lodging establishment must post a human trafficking public awareness sign.
Lastly, the bill requires a nongovernmental entity that enters into, renews, or extends a contract
with a governmental entity to provide the governmental entity with an affidavit attesting that the
nongovernmental entity does not use coercion for labor or services.
The bill has an indeterminate fiscal impact on the private and government sector.
REVISED: BILL: CS/CS/SB 796 Page 2
The bill takes effect July 1, 2024.
II. Present Situation:
Human Trafficking
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.
1
Under federal law, the term “severe forms of trafficking in persons”
includes labor
2
and sex trafficking.
3,4
Victims can be found in legal and illegal labor industries,
including child care, elder care, the drug trade, massage parlors, nail and hair salons, restaurants,
hotels, factories, and farms.
5
In 2021, a total of 2,027 persons were referred to U.S. attorneys for
human trafficking offenses.
6
Human Trafficking in Florida
Florida is ranked the third highest state of reported human trafficking cases in the United
States.
7
Reports of commercially exploited children to the Florida Abuse Hotline for
2022 totaled 3,408 and 3,182 in 2021.
8
In Florida, any person who knowingly, or in reckless
disregard of the facts, engages in human trafficking, attempts to engage in human trafficking, or
benefits financially by receiving anything of value from participation in a venture that has
subjected a person to human trafficking for labor,
9
services,
10
or commercial sexual activity,
11
commits a crime.
12
The circumstances and associated level of offense are as follows:
1
Section 787.06 (2)(d), F.S.
2
The term “labor trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for labor or
services, through the use of force, fraud, or coercion for the purposes of subjection to involuntary servitude, peonage, debt
bondage, or slavery. 22 USCA § 7102.
3
The term “sex trafficking” means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting
of a person for the purpose of a commercial sex act. 22 USCA § 7102.
4
22 USCA § 7102.
5
U.S. Department of Justice, What is Human Trafficking? (Jun. 26, 2023), available at
https://www.justice.gov/humantrafficking/what-is-human-trafficking (last visited February 2, 2024).
6
U.S. Department of Justice, Human Trafficking Data Collection Activities, 2023 (Oct. 2023), available at
https://bjs.ojp.gov/document/htdca23.pdf (last visited February 2, 2024).
7
Florida Alliance to End Human Trafficking, The Issue, available at https://www.floridaallianceendht.com/the-issue/ (last
visited February 2, 2024).
8
The Office of Program Policy Analysis and Government Accountability, Annual Report on the Commercial Sexual
Exploitation of Children in Florida, 2023 (July 2023), available at https://oppaga.fl.gov/Documents/Reports/23-08.pdf (last
visited February 2, 2023).
9
Section 787.06(2)(e), F.S., defines “labor” as: work of economic or financial value.
10
Section 787.06(2)(h), F.S., defines “services” as: any act committed at the behest of, under the supervision of, or for the
benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs.
11
Section 787.06(2)(b), F.S., defines “commercial sexual activity” as any violation of ch. 796, F.S., relating to prostitution, or
an attempt to commit any such offense, and includes sexually explicit performances and the production of pornography.
12
Section 787.06(3), F.S. BILL: CS/CS/SB 796 Page 3
Statute Description of Offense
Level of
Felony
Offense
Severity
Ranking
787.06(3)(a)1. Using for labor or services of any child under the age of 18 or an
adult believed by the person to be a child younger than 18 years of
age
First Level 8
787.06(3)(a)2. Using coercion
13
for labor or services of an adult First Level 7
787.06(3)(b) Using coercion for commercial sexual activity of an adult First Level 8
787.06(3)(c)1. For labor or services of any child younger than 18 years of age or
an adult believed by the person to be a child younger than 18 years
of age who is an unauthorized alien
First Level 9
787.06(3)(c)2. Using coercion for labor or services of an adult who is an
unauthorized alien
First Level 8
787.06(3)(d) Using coercion for commercial sexual activity of an adult who is an
unauthorized alien
First Level 9
787.06(3)(e)1. For labor or services who does so by the transfer or transport of any
child younger than 18 years of age or an adult believed by the
person to be a child younger than 18 years of age from outside this
state to within this state
First Level 8
787.06(3)(e)2. Using coercion for labor or services who does so by the transfer or
transport of an adult from outside this state to within this state
First Level 7
787.06(3)(f)1. For commercial sexual activity who does so by the transfer or
transport of any child younger than 18 years of age or an adult
believed by the person to be a child younger than 18 years of age
from outside this state to within this state
First Level 9
787.06(3)(f)2. Using coercion for commercial sexual activity who does so by the
transfer or transport of an adult from outside this state to within this
state
First Level 8
787.06(3)(g) For commercial sexual activity in which any child younger than 18
years of age or an adult believed by the person to be a child
younger than 18 years of age, or in which any person who is
mentally defective or mentally incapacitated
Life Level 10
Criminal Punishment Code
In 1997, the Legislature enacted the Criminal Punishment Code
14
(Code) as Florida’s “primary
sentencing policy.”
15
The offense severity ranking chart must be used with the Code worksheet
to compute a sentence score for each felony offense who offense was committed on or after
13
The term “coercion” means:
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, F.S., to any person for the purpose
of exploitation of that person. Section. 787.06(2)(a), F.S.
14
Sections 921.002-921.0027, F.S. The Code is effective for offenses committed on or after October 1, 1998.
15
See chs. 97-194 and 98-204, L.O.F BILL: CS/CS/SB 796 Page 4
October 1, 1998.
16
Noncapital felonies sentenced under the Code receive an offense severity
level ranking (Levels 1-10).
17
Points are assigned and accrue based upon the level ranking
assigned to the primary offense, additional offenses, and prior offenses. Sentence points escalate
as the level escalates. Points may be added or multiplied for other factors such as victim injury,
commission of certain drug trafficking offenses, and certain violent offenses committed against
listed criminal justice professionals performing their duties.
18
Direct-Support Organizations
Citizen-support organizations (CSOs) and direct-support organization (DSOs) are statutorily
created non-profit organizations authorized to carry out specific tasks in support of public
entities or public causes.
19
The function and purpose of a CSO or DSO are prescribed by an
enacting statute and a written contract with the agency the CSO or DSO supports.
20
In 2014, the Legislature created s. 20.058, F.S., which established a comprehensive set of
transparency and reporting requirements for Citizen Support Organizations (CSOs) and Direct-
Support Organizations (DSOs).
21
Specifically, the law requires CSOs and DSOs to annually
submit the following information to the appropriate agency by August 1 of each year:
22
The name, mailing address, telephone number, and website address of the organization;
23
The statutory authority or executive order that created the organization;
24
A brief description of the mission of, and results obtained by, the organization;
25
A brief description of the organization’s plans for the next three fiscal years;
26
A copy of the organization’s ethics code;
27
A copy of the organization’s most recent Internal Revenue Service (IRS) Form 990;
28
and
An attestation, under penalty of perjury, stating that the organization has complied with
subsection (4).
29
By August 15 of each year, each agency must report to the Governor, the President of the Senate,
the Speaker of the House of Representatives, and the Office of Program Policy Analysis and
Government Accountability the information provided by each CSO and DSO.
30
The agencies
must also make such information available to the public through their websites.
31
16
Section 921.0022, F.S.
17
Offenses are either ranked in the offense severity level ranking chart in s. 921.0022, F.S., or are ranked by default based on
a ranking assigned to the felony degree of the offense as provided in s. 921.0023, F.S.
18
Section 921.0024, F.S.
19
See, e.g., ss. 16.618, 413.0111, and 1009.983, F.S.
20
See, e.g., 14.29(9), F.S.
21
Ch. 2014-96, L.O.F.
22
Section 20.058(1), F.S.
23
Section 20.058(1)(a), F.S.
24
Section 20.058(1)(b), F.S.
25
Section 20.058(1)(c), F.S.
26
Section 20.058(1)(d), F.S.
27
Section 20.058(1)(e), F.S.
28
Section 20.058(1)(f), F.S.
29
Section 20.058(1)(g), F.S.
30
Section 20.058(3), F.S.
31
Section 20.058(2), F.S. BILL: CS/CS/SB 796 Page 5
Florida Alliance to End Human Trafficking
The Florida Alliance to End Human Trafficking (Alliance) is the DSO established to provide
assistance, fund, and support the Florida Statewide Council on Human Trafficking (Council).
32
The purpose of the DSO is to solicit funds; request and receive grants, gifts, and bequests of
money; acquire, receive, hold, invest, and administer, property and funds; and make expenditures
in support of the statewide effort to end human trafficking.
33
The Alliance operates under a
written contract with the Department of Legal Affairs.
34
The Alliance is set to repeal October 1,
2024, unless saved from repeal by the Legislature.
35
In Fiscal Year 2022-2023, the Alliance:
Trained over 26,000 individuals with its online human trafficking course;
Obtained $500,000 state appropriations to update its training course to include various
languages and expand its awareness statewide;
Provided 15 different awareness trainings for various organizations;
Hosted a webinar for Human Trafficking Awareness Month; and
Fundraised $583,949 in private contributions.
36
Financial Information for the Alliance to End Human Trafficking
Tax year 2020-2021
37
Tax year 2021-2022
38
Expenses on salaries, other
compensation, and employee
benefits
$21,719
Expenses on
employee
compensation and
benefits
$86,498
Expenses on professional
fees and payments to
independent contractors
$59,500
Total on advertising,
promotion, and travel
$62,095
Total Expenses $123, 833 Total Expenses $203,279
Total Revenue $90,947
Revenue from
fundraising events
$277,237
Revenue from
government grants
$25,000
All other
contributions
32
See s. 16.618, F.S.
33
Section 16.618(1)(b), F.S.
34
Section 16.618(1)(c), F.S.
35
Section 16.618(12), F.S.
36
Florida Alliance to End Human Trafficking, 2022-2023 Annual Report (Jul. 27, 2023), available at
https://www.floridaallianceendht.com/wp-content/uploads/2023/10/2022-2023-Annual-Report.pdf (last visited February 2,
2024).
37
Email from Elizabeth Guzzo, Director of Legislative Affairs, Office of the Attorney General, to Amanda Stokes, Staff
Director, Senate Criminal Justice Committee (Oct. 12, 2023, 11:14 EST) (on file with the Senate Committee on
Governmental Oversight and Accountability).
38
Email from Elizabeth Guzzo, Director of Legislative Affairs, Office of the Attorney General, to Amanda Stokes, Staff
Director, Senate Criminal Justice Committee (Oct. 12, 2023, 11:14 EST) (on file with the Senate Committee on
Governmental Oversight and Accountability). BILL: CS/CS/SB 796 Page 6
Financial Information for the Alliance to End Human Trafficking
Tax year 2020-2021
37
Tax year 2021-2022
38
Total Revenue $371,710
Ending Cash Balance -32, 886 Ending Cash Balance $168,431
Florida Statewide Council on Human Trafficking
The Florida Statewide Council on Human Trafficking (Council) is administratively housed
within the Department of Legal Affairs. The purpose of the Council is to enhance the
development and coordination of state and local law enforcement and social service responses to
fight all forms of human trafficking and to support victims.
39
The duties of the Council include:
40
Development of recommendations for comprehensive programs and services including
recommendations for certification of safe houses and safe foster homes.
Assess the frequency and extent to which social media platforms are used to assist, facilitate,
or support human trafficking within Florida; establish a process to detect such use on a
consistent basis; and make recommendations on how to stop, reduce, or prevent social media
platforms from being used for such purposes.
Make recommendations for apprehending and prosecuting traffickers and enhancing
coordination of responses.
Hold an annual statewide policy summit with an institution of higher learning.
Work with the Department of Children and Families to create and maintain an inventory of
human trafficking programs and services in our state.
Develop overall policy recommendations.
The Council is also required to submit an annual report to the Legislature detailing the preceding
fiscal year’s accomplishments and recommendations regarding the development and
coordination of state and local law enforcement and social services responses to fight human
trafficking and support victims.
41
III. Effect of Proposed Changes:
Section 1 amends s. 16.618, F.S., to extend the repeal date of the direct-support organization
(DSO) for the Statewide Council on Human Trafficking to October 1, 2029.
Section 3 extends the date by which a person licensed or certified under several chapters must
post a human trafficking public awareness sign.
Section 4 extends the date by which a massage establishment must implement a procedure for
reporting suspected human trafficking to the Florida Human Trafficking Hotline.
39
Section 16.617(1), F.S.
40
Office of Attorney General, Florida Statewide Council on Human Trafficking, available at
https://www.myfloridalegal.com/human-trafficking/council (last visited February 2, 2024).
41
Section 16.617(5), F.S. BILL: CS/CS/SB 796 Page 7
Section 5 extends the date by which a public lodging establishment must post a human
trafficking public awareness sign.
Sections 2, 3, 4, 5, and 7 amend ss. 394.875, 456.0341, 480.043, 509.096, and 787. 29, F.S.,
respectively, to replace references to the national human trafficking hotline requirement with the
Florida human trafficking hotline. Sections 3, 4, and 5 require that all of the new requirements be
met by January 1, 2025.
Section 6 amends s. 787.06, F.S., to require a nongovernmental entity that enters into, renews, or
extends a contract with a governmental entity to provide the governmental entity with an
affidavit attesting that the nongovernmental entity does not use coercion for labor or services.
The affidavit must be signed by an officer or representative of the nongovernmental entity under
penalty of perjury. Section 837.06, F.S., provides that the penalty for perjury for knowingly
making a false statement in writing, with the intent to mislead a public servant shall be guilty of
a misdemeanor of the second degree.
42
Section 8 provides that the bill will take effect on July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Not applicable. The bill does not require counties and municipalities to spend funds,
reduce the counties’ or municipalities’ ability to raise revenue, or reduce the percentage
of state tax shared with counties or municipalities.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
42
A second degree misdemeanor is punishable by a term of imprisonment not exceeding 60 days and a $500 fine, as provided
in s. 775.082 and s. 775.083, F.S. BILL: CS/CS/SB 796 Page 8
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Public lodging and massage establishments may incur costs associated with the training
required by this bill. There may also be minor costs to crisis stabilization units, residential
treatment facilities, residential treatment centers for children and adolescents, massage
establishments, public lodging establishments, and strip clubs or other adult
entertainment establishments associated with updating the human trafficking awareness
signs to contain the Florida Human Trafficking Hotline number, instead of the national
hotline. Each person licensed or certified under ch. 457, ch. 458, ch. 459, ch. 460,
ch. 461, ch. 463, ch. 465, ch. 466, ch. 468, ch. 480, or ch. 486, F.S., may incur minor
costs associated with updating the human trafficking awareness signs to include the
Florida Human Trafficking Hotline number, instead of the national hotline.
C. Government Sector Impact:
The Department of Transportation may incur minor costs associated with updating the
human trafficking awareness signs to include the Florida Human Trafficking Hotline
number, instead of the national hotline in every rest area, turnpike service plaza, weigh
station, primary airport, passenger rail station, and welcome center that is open to the
public.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 16.618, 394.875,
456.0341, 480.043, 509.096, 787.06, and 787.29. BILL: CS/CS/SB 796 Page 9
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS/CS by Criminal Justice on February 6, 2024:
The committee substitute:
Removes language increasing the members of the direct-support organization.
Removes language requiring all employees of establishments who are on the premises
and regularly interact with guests to receive training on human trafficking awareness.
CS by Governmental Oversight and Accountability on January 22, 2024:
The committee substitute:
Specifies that the nongovernmental entities must attest that they do not use coercion
for labor or services.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.