Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 972
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/17/2017           .                                

       The Committee on Criminal Justice (Bracy) recommended the
    1         Senate Substitute for Amendment (228352) (with title
    2  amendment)
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 787.061, Florida Statutes, is created to
    7  read:
    8         787.061Short title.—Sections 787.061-787.065 may be cited
    9  as the “Civil Action for Victims of Human Trafficking and
   10  Prevention of Human Trafficking Act.”
   11         Section 2. Section 787.062, Florida Statutes, is created to
   12  read:
   13         787.062Definitions for the Civil Action for Victims of
   14  Human Trafficking and Prevention of Human Trafficking Act.—As
   15  used in ss. 787.061-787.065 the term:
   16         (1)“Council” means the Statewide Council on Human
   17  Trafficking within the Department of Legal Affairs, as created
   18  in s. 16.617.
   19         (2)“Facilitator” means a person who knowingly, or in
   20  willful blindness, assists or provides goods or services to a
   21  trafficker which assist or enable the trafficker to carry out
   22  human trafficking.
   23         (3)“Human trafficking” has the same meaning as provided in
   24  s. 787.06.
   25         (4)“Trafficker” means any person who knowingly engages in
   26  human trafficking, attempts to engage in human trafficking, or
   27  benefits financially by receiving anything of value from
   28  participation in a venture that has subjected a person to human
   29  trafficking.
   30         (5)“Trust fund” means the Trust Fund for Victims of Human
   31  Trafficking and Prevention created in s. 787.0611.
   32         (6) “Venture” means any group of two or more individuals
   33  associated in fact, whether or not a legal entity.
   34         (7) “Victim of human trafficking” means a person subjected
   35  to coercion, as defined in s. 787.06, for the purpose of being
   36  used in human trafficking, a child under 18 years of age
   37  subjected to human trafficking, or an individual subjected to
   38  human trafficking as defined by federal law.
   39         (8)“Willful blindness” occurs when a person’s suspicions
   40  are aroused about a particular fact and, while he or she
   41  realizes its probability, he or she deliberately refrains from
   42  obtaining confirmation of or acting on the fact because he or
   43  she wants to remain in ignorance, such that knowledge of the
   44  fact avoided can reasonably and fairly be imputed to the person
   45  who avoided confirming it.
   46         Section 3. Section 787.063, Florida Statutes, is created to
   47  read:
   48         787.063Civil action for victims of human trafficking.—
   49         (1)FINDINGS.—The Legislature finds that, to achieve the
   50  state’s goals relating to human trafficking set forth in s.
   51  787.06(1)(d), it is necessary to provide a civil cause of action
   52  for the recovery of compensatory and punitive damages.
   53         (2)CIVIL CAUSE OF ACTION.—
   54         (a)A victim of human trafficking has a civil cause of
   55  action against the trafficker or facilitator of human
   56  trafficking who victimized her or him, and may recover damages
   57  for such victimization as provided in this section.
   58         (b)The council, with the consent of the victim, may bring
   59  a civil cause of action against a trafficker or facilitator of
   60  human trafficking who victimizes a person in this state.
   61         (c) If the council prevails in any action, the trust fund
   62  shall hold moneys awarded to the victim for distribution to the
   63  victim or her or his parent, legal guardian, or estate. However,
   64  if the victim’s parent or legal guardian knowingly, or through
   65  willful blindness, participated in the human trafficking, such
   66  person is not entitled to any distribution or benefit from the
   67  trust fund. If there is no person or estate to appropriately
   68  receive the funds, they must remain in the trust fund and be
   69  used for purposes of the trust fund, as described in s.
   70  787.0611.
   71         (d)The action may be brought in any court of competent
   72  jurisdiction and the standard of proof is a preponderance of the
   73  evidence.
   74         (e)A victim, or the council on behalf of the victim, who
   75  prevails in any such action is entitled to recover economic and
   76  noneconomic damages, penalties, punitive damages, reasonable
   77  attorney fees, reasonable investigative expenses, and costs.
   78         1. The measure of economic damages for services or labor
   79  coerced from the victim of human trafficking shall be the
   80  greater of the fair market value of the labor or services
   81  provided or the amount realized by the trafficker. For purposes
   82  of this subparagraph, the terms “labor” and “services” have the
   83  same meanings as provided in s. 787.06.
   84         2. The measure of economic damages for every day that the
   85  human trafficking was ongoing shall be calculated as a daily
   86  amount of the compensation payable to a person under s.
   87  961.06(1)(a).
   88         3. Economic damages also include past and future medical
   89  and mental health expenses; repatriation expenses, when a victim
   90  elects repatriation; and all other reasonable costs and expenses
   91  incurred by the victim in the past or estimated to be incurred
   92  by the victim in the future as a result of the human
   93  trafficking.
   94         4. Noneconomic damages shall be calculated as in a tort
   95  action.
   96         (f)The remedies provided in this section are in addition
   97  to and cumulative with other legal and administrative remedies
   98  available to victims of human trafficking, except that a victim
   99  may not recover under both this section and s. 772.104(2).
  100         (g)If a victim or the council, on behalf of the victim,
  101  prevails in an action under this section, in addition to any
  102  other award imposed, the court must award a civil penalty
  103  against the defendant in the amount of $100,000. This penalty is
  104  in addition to, and not in lieu of, any other damage award. The
  105  civil penalty must be assessed by the court and may not be
  106  disclosed to the jury. Proceeds from the civil penalty must be
  107  deposited into the trust fund.
  108         (h)If one or more law enforcement agencies rescued the
  109  victim or located the property upon which the abuse or
  110  exploitation of a victim or victims had occurred, the court must
  111  impose a civil penalty against the defendant in the amount of
  112  $50,000 and award the penalty to the law enforcement agencies to
  113  fund future efforts to combat human trafficking. The court must
  114  equitably distribute the civil penalty among the law enforcement
  115  agencies.
  116         (i) The court shall have specific authority to consolidate
  117  civil actions for the same trafficker or facilitator for the
  118  purpose of case resolution and aggregate jurisdiction.
  119         (3)STATUTE OF LIMITATIONS.—There is no statute of
  120  limitations for actions brought pursuant to this section.
  121         Section 4. Section 787.064, Florida Statutes, is created to
  122  read:
  123         787.064Annual Report of the Civil Action for Victims of
  124  Human Trafficking and Prevention of Human Trafficking Act.—The
  125  council shall issue an annual report no later than October 1 of
  126  each year to the President of the Senate and the Speaker of the
  127  House of Representatives detailing for the prior fiscal year all
  128  of the following:
  129         (1) The status of the trust fund.
  130         (2) Any actions and outcomes under s. 787.063.
  131         (3) Any information that demonstrates the council’s
  132  fulfillment of the purposes of the trust fund during the prior
  133  fiscal year.
  134         Section 5. Paragraph (f) is added to subsection (4) of
  135  section 16.617, Florida Statutes, to read:
  136         16.617 Statewide Council on Human Trafficking; creation;
  137  membership; duties.—
  138         (4) DUTIES.—The council shall:
  139         (f)Perform the functions and duties as provided in ss.
  140  787.061-787.065 and administer the Florida Compensation Trust
  141  Fund for Survivors of Human Trafficking as created in s.
  142  787.0611.
  143         Section 6. For the 2017-2018 fiscal year, the sums of
  144  $153,000 in recurring funds and $29,000 in nonrecurring funds
  145  from the Crimes Compensation Trust Fund are appropriated to the
  146  Department of Legal Affairs, and three full-time equivalent
  147  positions are authorized, for the purpose of implementing this
  148  act.
  149         Section 7. This act shall take effect October 1, 2017.
  151  ================= T I T L E  A M E N D M E N T ================
  152  And the title is amended as follows:
  153         Delete everything before the enacting clause
  154  and insert:
  155                        A bill to be entitled                      
  156         An act relating to victims of human trafficking;
  157         creating s. 787.061, F.S.; providing a short title;
  158         creating s. 787.062, F.S.; defining terms; creating s.
  159         787.063, F.S.; providing legislative findings;
  160         creating a civil cause of action for victims of human
  161         trafficking, or for the Statewide Council on Human
  162         Trafficking on their behalves, against a trafficker or
  163         facilitator; providing procedures and requirements for
  164         bringing a claim; requiring a court to impose a civil
  165         penalty against a defendant if a victim, or the
  166         council on the victim’s behalf, prevails; requiring a
  167         court to impose a civil penalty and award it equitably
  168         to one or more law enforcement agencies under certain
  169         circumstances; providing that such actions are not
  170         subject to a statute of limitations; creating s.
  171         787.064, F.S.; requiring the council to issue an
  172         annual report to the Legislature which includes
  173         specified information, by a specified date; amending
  174         s. 16.617, F.S.; adding functions and duties for the
  175         council; providing for administration of the trust
  176         fund by the council; providing appropriations;
  177         providing an effective date.