Florida Senate - 2014                                     SB 768
       
       
        
       By Senator Braynon
       
       
       
       
       
       36-00787B-14                                           2014768__
    1                        A bill to be entitled                      
    2         An act relating to human trafficking; amending s.
    3         39.01, F.S.; redefining the term “sexual abuse of a
    4         child” to include human trafficking; amending s.
    5         92.56, F.S.; authorizing a defendant who has been
    6         charged with specified human trafficking offenses to
    7         apply for an order of disclosure of confidential and
    8         exempt information; authorizing the court to use a
    9         pseudonym, instead of a victim’s name, to designate
   10         the victim of specified human trafficking offenses;
   11         providing that trial testimony for specified human
   12         trafficking offenses may be published or broadcast
   13         under certain circumstances; amending s. 787.06, F.S.;
   14         making technical changes; amending s. 794.024, F.S.;
   15         prohibiting a public employee or officer from
   16         disclosing specified information about a victim of
   17         specified human trafficking offenses; amending s.
   18         960.065, F.S.; providing an exception to ineligibility
   19         for victim assistance awards to specified victims of
   20         human trafficking; amending s. 960.199, F.S.;
   21         authorizing the Department of Legal Affairs to provide
   22         relocation assistance to a victim of specified human
   23         trafficking offenses; requiring the human trafficking
   24         offense to be reported to the proper authorities and
   25         certified by the state attorney or statewide
   26         prosecutor; requiring the state attorney or statewide
   27         prosecutor’s approval of a rape crisis center’s
   28         certification that a victim is cooperating with law
   29         enforcement officials; providing that the act of human
   30         trafficking must occur under certain circumstances for
   31         the victim to be eligible for relocation assistance;
   32         providing an effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Paragraph (g) of subsection (67) of section
   37  39.01, Florida Statutes, is amended to read:
   38         39.01 Definitions.—When used in this chapter, unless the
   39  context otherwise requires:
   40         (67) “Sexual abuse of a child” for purposes of finding a
   41  child to be dependent means one or more of the following acts:
   42         (g) The sexual exploitation of a child, which includes the
   43  act of a child offering to engage in or engaging in
   44  prostitution, provided that the child is not under arrest or is
   45  not being prosecuted in a delinquency or criminal proceeding for
   46  a violation of any offense in chapter 796 based on such
   47  behavior; or allowing, encouraging, or forcing a child to:
   48         1. Solicit for or engage in prostitution;
   49         2. Engage in a sexual performance, as defined by chapter
   50  827; or
   51         3. Participate in commercial sexual activity the trade of
   52  sex trafficking as provided in ss. 787.06(3)(g) or (h) and
   53  796.035 s. 796.035.
   54         Section 2. Section 92.56, Florida Statutes, is amended to
   55  read:
   56         92.56 Judicial proceedings and court records involving
   57  sexual offenses and human trafficking.—
   58         (1)(a) The confidential and exempt status of criminal
   59  intelligence information or criminal investigative information
   60  made confidential and exempt pursuant to s. 119.071(2)(h) must
   61  be maintained in court records pursuant to s. 119.0714(1)(h) and
   62  in court proceedings, including testimony from witnesses.
   63         (b) If a petition for access to such confidential and
   64  exempt records is filed with the trial court having jurisdiction
   65  over the alleged offense, the confidential and exempt status of
   66  such information shall be maintained by the court if the state
   67  or the victim demonstrates that:
   68         1. The identity of the victim is not already known in the
   69  community;
   70         2. The victim has not voluntarily called public attention
   71  to the offense;
   72         3. The identity of the victim has not otherwise become a
   73  reasonable subject of public concern;
   74         4. The disclosure of the victim’s identity would be
   75  offensive to a reasonable person; and
   76         5. The disclosure of the victim’s identity would:
   77         a. Endanger the victim because the assailant has not been
   78  apprehended and is not otherwise known to the victim;
   79         b. Endanger the victim because of the likelihood of
   80  retaliation, harassment, or intimidation;
   81         c. Cause severe emotional or mental harm to the victim;
   82         d. Make the victim unwilling to testify as a witness; or
   83         e. Be inappropriate for other good cause shown.
   84         (2) A defendant charged with a crime specified described in
   85  s. 787.06(3)(a), if the victim is younger than 18 years of age,
   86  in s. 787.06(3)(b), (d), (f), (g), or (h), or in chapter 794 or
   87  chapter 800, or with child abuse, aggravated child abuse, or
   88  sexual performance by a child as described in chapter 827, may
   89  apply to the trial court for an order of disclosure of
   90  information in court records held confidential and exempt
   91  pursuant to s. 119.0714(1)(h) or maintained as confidential and
   92  exempt pursuant to court order under this section. Such
   93  identifying information concerning the victim may be released to
   94  the defendant or his or her attorney in order to prepare the
   95  defense. The confidential and exempt status of this information
   96  does may not be construed to prevent the disclosure of the
   97  victim’s identity to the defendant; however, the defendant may
   98  not disclose the victim’s identity to any person other than the
   99  defendant’s attorney or any other person directly involved in
  100  the preparation of the defense. A willful and knowing disclosure
  101  of the identity of the victim to any other person by the
  102  defendant constitutes contempt.
  103         (3) The state may use a pseudonym instead of the victim’s
  104  name to designate the victim of a crime specified described in
  105  s. 787.06(3)(a), if the victim is younger than 18 years of age,
  106  in s. 787.06(3)(b), (d), (f), (g), or (h), or in chapter 794 or
  107  chapter 800, or of child abuse, aggravated child abuse, or
  108  sexual performance by a child as described in chapter 827, or
  109  any crime involving the production, possession, or promotion of
  110  child pornography as described in chapter 847, in all court
  111  records and records of court proceedings, both civil and
  112  criminal.
  113         (4) The protection of this section may be waived by the
  114  victim of the alleged offense in a writing filed with the court,
  115  in which the victim consents to the use or release of
  116  identifying information during court proceedings and in the
  117  records of court proceedings.
  118         (5) This section does not prohibit the publication or
  119  broadcast of the substance of trial testimony in a prosecution
  120  for an offense specified described in s. 787.06(3)(a), if the
  121  victim is younger than 18 years of age, in s. 787.06(3)(b), (d),
  122  (f), (g), or (h), or in chapter 794 or chapter 800, or for a
  123  crime of child abuse, aggravated child abuse, or sexual
  124  performance by a child, as described in chapter 827; however,
  125  but the publication or broadcast may not include an identifying
  126  photograph, an identifiable voice, or the name or address of the
  127  victim, unless the victim has consented in writing to the
  128  publication and filed such consent with the court or unless the
  129  court has declared such records not confidential and exempt as
  130  provided for in subsection (1).
  131         (6) A willful and knowing violation of this section or a
  132  willful and knowing failure to obey a any court order issued
  133  under this section constitutes contempt.
  134         Section 3. Subsection (3) of section 787.06, Florida
  135  Statutes, is amended to read:
  136         787.06 Human trafficking.—
  137         (3) A Any person who knowingly, or in reckless disregard of
  138  the facts, engages in, or attempts to engage in human
  139  trafficking, or benefits financially by receiving anything of
  140  value from participation in a venture that has subjected a
  141  person to human trafficking:
  142         (a) Using coercion for labor or services commits a felony
  143  of the first degree, punishable as provided in s. 775.082, s.
  144  775.083, or s. 775.084.
  145         (b) Using coercion for commercial sexual activity commits a
  146  felony of the first degree, punishable as provided in s.
  147  775.082, s. 775.083, or s. 775.084.
  148         (c) Using coercion for labor or services of an any
  149  individual who is an unauthorized alien commits a felony of the
  150  first degree, punishable as provided in s. 775.082, s. 775.083,
  151  or s. 775.084.
  152         (d) Using coercion for commercial sexual activity of an any
  153  individual who is an unauthorized alien commits a felony of the
  154  first degree, punishable as provided in s. 775.082, s. 775.083,
  155  or s. 775.084.
  156         (e) Using coercion for labor or services who does so by the
  157  transfer or transport of an any individual from outside this
  158  state to within the state commits a felony of the first degree,
  159  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  160         (f) Using coercion for commercial sexual activity who does
  161  so by the transfer or transport of an any individual from
  162  outside this state to within the state commits a felony of the
  163  first degree, punishable as provided in s. 775.082, s. 775.083,
  164  or s. 775.084.
  165         (g) For commercial sexual activity in which a any child
  166  younger than under the age of 18 years of age is involved
  167  commits a felony of the first degree, punishable by imprisonment
  168  for a term of years not exceeding life, or as provided in s.
  169  775.082, s. 775.083, or s. 775.084. In a prosecution under this
  170  paragraph in which the defendant had a reasonable opportunity to
  171  observe the person who was subject to human trafficking, the
  172  state is not required to need not prove that the defendant knew
  173  that the person was younger than had not attained the age of 18
  174  years of age.
  175         (h) For commercial sexual activity in which a any child
  176  younger than under the age of 15 years of age is involved
  177  commits a life felony, punishable as provided in s. 775.082, s.
  178  775.083, or s. 775.084. In a prosecution under this paragraph in
  179  which the defendant had a reasonable opportunity to observe the
  180  person who was subject to human trafficking, the state is not
  181  required to need not prove that the defendant knew that the
  182  person was younger than had not attained the age of 15 years of
  183  age.
  184  
  185  For each instance of human trafficking of any individual under
  186  this subsection, a separate crime is committed and a separate
  187  punishment is authorized.
  188         Section 4. Section 794.024, Florida Statutes, is amended to
  189  read:
  190         794.024 Unlawful to disclose identifying information.—
  191         (1) A public employee or officer who has access to the
  192  photograph, name, or address of a person who is alleged to be
  193  the victim of an offense specified described in this chapter, in
  194  s. 787.06(3)(a), if the victim is younger than 18 years of age,
  195  in s. 787.06(3)(b), (d), (f), (g), or (h), in chapter 800, or in
  196  s. 827.03, s. 827.04, or s. 827.071 may not willfully and
  197  knowingly disclose such information it to a person who is not
  198  assisting in the investigation or prosecution of the alleged
  199  offense or to any person other than the defendant, the
  200  defendant’s attorney, a person specified in an order entered by
  201  the court having jurisdiction of the alleged offense, or
  202  organizations authorized to receive such information made exempt
  203  by s. 119.071(2)(h), or to a rape crisis center or sexual
  204  assault counselor, as defined in s. 90.5035(1)(b), who will be
  205  offering services to the victim.
  206         (2) A violation of subsection (1) constitutes a misdemeanor
  207  of the second degree, punishable as provided in s. 775.082 or s.
  208  775.083.
  209         Section 5. Subsection (2) of section 960.065, Florida
  210  Statutes, is amended to read:
  211         960.065 Eligibility for awards.—
  212         (2) A Any claim is ineligible for an award if it is filed
  213  by or on behalf of a person who:
  214         (a) Committed or aided in the commission of the crime upon
  215  which the claim for compensation was based;
  216         (b) Was engaged in an unlawful activity at the time of the
  217  crime upon which the claim for compensation is based, unless the
  218  victim was engaged in prostitution as a result of being a victim
  219  of human trafficking as described in s. 787.06(3)(b), (d), (f),
  220  (g), or (h);
  221         (c) Was in custody or confined, regardless of conviction,
  222  in a county or municipal detention facility, a state or federal
  223  correctional facility, or a juvenile detention or commitment
  224  facility at the time of the crime upon which the claim for
  225  compensation is based;
  226         (d) Has been adjudicated as a habitual felony offender,
  227  habitual violent offender, or violent career criminal under s.
  228  775.084; or
  229         (e) Has been adjudicated guilty of a forcible felony
  230  offense as described in s. 776.08,
  231  
  232  is ineligible for an award.
  233         Section 6. Section 960.199, Florida Statutes, is amended to
  234  read:
  235         960.199 Relocation assistance for victims of sexual battery
  236  or human trafficking.—
  237         (1) The department may award a one-time payment of up to
  238  $1,500 on any one claim and a lifetime maximum of $3,000 to a
  239  victim of sexual battery as defined in s. 794.011 or of human
  240  trafficking as described in s. 787.06(3)(b), (d), (f), (g), or
  241  (h) who needs relocation assistance.
  242         (2) In order for an award to be granted to a victim for
  243  relocation assistance:
  244         (a) There must be proof that a sexual battery offense or
  245  human trafficking offense as described in s. 787.06(3)(b), (d),
  246  (f), (g), or (h) was committed.
  247         (b) The sexual battery offense or human trafficking offense
  248  as specified in s. 787.06(3)(b), (d), (f), (g), or (h) must be
  249  reported to the proper authorities.
  250         (c) The victim’s need for assistance must be certified by a
  251  certified rape crisis center in this state or by the state
  252  attorney or statewide prosecutor having jurisdiction over the
  253  offense.
  254         (d) With the approval of the state attorney or statewide
  255  prosecutor, the center’s center certification must assert that
  256  the victim is cooperating with law enforcement officials, if
  257  applicable, and must include documentation that the victim has
  258  developed a safety plan.
  259         (e) The act of sexual battery or human trafficking as
  260  specified in s. 787.06(3)(b), (d), (f), (g), or (h) must be
  261  committed in the victim’s place of residence or in a location
  262  that would lead the victim to reasonably fear for his or her
  263  continued safety in the place of residence.
  264         (3) Relocation payments for a sexual battery or human
  265  trafficking claim under this section shall be denied if the
  266  department has previously approved or paid out a domestic
  267  violence relocation claim under s. 960.198 to the same victim
  268  regarding the same incident.
  269         Section 7. This act shall take effect July 1, 2014.